25. Schemes For Specific Groups Of Borrower Flashcards
What is shared ownership?
When the borrower buys a proportion of the property and the provider (often a housing association) owns the rest. They can take out a mortgage for the proportion that they own. The borrower has to pay rent to the provider for the proportion they do not own.
What is the maximum share a borrower can have in a shared ownership scheme?
75%
What is the maximum rent that can be charged on a shared ownership property?
3% of market value of the proportion owned by the provider
What is staircasing?
When the borrower involved in shared ownership purchases further shares in the property
Who is responsible for the maintenance of shared ownership properties?
Borrower
What is usually the minimum amount that can be staircased (shared ownership)?
10% each time
How is staircasing in shared ownership priced?
Using the market value of the share at the time the borrower wants to buy it
Can a borrower go on to puchase 100% of shares in a shared ownership property?
Yes, though some schemes only allow 75%
What happens when a shared ownership property is sold? (2)
- The borrower and provider get a proportionate share of the proceeds based on their share of equity
- In some schemes, the borrower needs to offer to sell their shares to the provider before they can sell on the open market
Do borrowers in shared ownership property have a right to extend their lease?
No, this only becomes a right once they own 100% of property, though it can be done before at the discretion of the landlord
What does the Homes and Communities Agency do? What are examples? (5)
Sets out the clauses for shared ownership leases.
1. Restrictions on sales (maximum staircasing, period between staircasing to 100% and selling)
2. Subletting is not permitted
3. Landlord’s pre-emption rights (offering back to landlord before selling, landlord has 8 weeks to accept )
4. Landlord’s right to repossess if the borrower gets into arrears (borrower not entitled to compensation for any increase in valuation of their share)
5. The service charge payable should be based on whole property value - no individual share
What are a landlord’s pre-emption rigthts? How long to they have to exercise them?
Shared ownership - have to offer the landlord to buy your share of the property before you can sell on the open market. The landlord has 8 weeks to exercise these rights?
If a borrower gets into arrears with a shared ownership property and the house is repossessed and sold, is the leaseholder entitled to any compensation to reflect any increases in the valuation of their share since they bought it?
No
What is the service charge based on for shared ownership properties?
The whole property valuation, not individual shares
Are shared ownership properties subject to SDLT?
Yes
Does the first time buyer exemption for SDLT apply for shared ownership properties?
Yes, but only for the initial purchase, not later staircasing
If a shared ownership property is purchased from one of a number of approved qualifying bodies, you have two options of how to pay SDLT. What are these bodies? (6)
- Local Housing Authority
- Housing Association
- Housing Action Trust
- Northern Ireland Housing Executive
- The Commission for the New Towns
- A Development Corporation
What are the two options for paying SDLT in relation to shared ownership properties?
- Pay SDLT on 100% market value at time of purchase
- Pay SDLT only on the value of your initial share. Once you acquire 80% of shares via staircasing, you must pay SDLT on all shares bought since the initial purchase based on the total of the purchase prices.
What are the pros and cons of choosing to pay SDLT with option 2 for shared ownership properties?
Pro - better if you don’t ever intend to own more than 80%, you pay less
Cons 1. first time buyer exemption only available on initial purchase 2. Purchase prices raise over time so could be more expensive
What is an equity share scheme?
Where the borrower doesn’t have a big enough deposit to get a mortgage for the amount needed to purchase a property. They approach an equity share provider to provide them with a loan for the shortfall of the deposit, the provider takes a second charge over the proportion of property the loan is the equivalent of equity for.
How is the amount owed to an equity share scheme provider determined?
You owe a percentage of equity, so the amount owed can fluctuate over time. E.g. if you need a 20% deposit and you only have 10%, you approach the equity share provider to provide you with a loan for the other 10% - you don’t owe them the amount that 10% was equal to at the time, you owe them 10% of property value at any given point.
How is interest charged with equity share schemes?
It either isn’t charged at all or is very low. They make their money back from increases in the property value.