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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10450
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I am deviding up the property between my wife and myself we

Resolved Question:

I am deviding up the property between my wife and myself we originally bought the freehold however it was devided into flats at the time of purchase,we each intend to live in each property, we are in the process of having 2 Seperate community charges for the property,what is the position with my mortgage would I need to inform the mortgage provider?
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hi,

Thanks for your enquiry.

I take it that the property just has one Freehold Land Registry title number, and no Leasehold Land Registry title has been created for the 2 Flats?

Did you obtain planning permission to convert into 2 Flats?

Were you hoping just to carry on paying the existing Mortgage?

I look forward to hearing from you.

Al

Customer: replied 2 years ago.
Thank you for your reply
The house had a permission for conversion into apartments back in 1964
I purchased in early eighties and merged leases,and got mortgage as a freehold,I applied and got pp for 3 flats in the early nineties we remodelled the house then and we have been living as 2 apartments for some years,however there is only one kitchen in the entire house.
We have recently registered 2 for Seperate community charges on the property ,but there has not been an application to have a land registery title created for 2 flats,that is Seperate from the community charge I take it?
I was indeed hoping to carry on paying the mortgage as a house..
For a short while anyway ( six months to a year max)
Thanks again for your help
Expert:  Aston Lawyer replied 2 years ago.

Hi Charles,

Thanks for your reply.

As you obtained a Mortgage on the basis that the property was a single dwelling, you are in effect in breach of your Mortgage if you have now converted the dwelling into 2. (Likewise, if planning permission had been granted for the conversion into 3 flats, I am not 100% sure if you are in breach of this, if you have converted only into 2).

Looking ahead, on the basis that you want to create 2 legal dwellings, you would need to create a Lease for each flat, and register the Leases at the land Registry so that each dwelling has a separate Title Number (merely paying separate Council tax for the 2 flats does not legally solve the problem) and disclose this to your Mortgage Lender.

I hope this assists and sets out the legal position.

Kind Regards

Al

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