Change Date: 22/12/2023
Association: UK Finance
Jurisdiction: England and Wales
Index: v.2023 No.1274


Policy changes relevant to
Danske Bank Solicitor Panel

Updated 01/12/2023 22/12/2023
5.8.1- Does the lender accept security which comprises a building converted into not more than four flats where the borrower occupies one of those flats and the borrower or another flat owner also owns the freehold of the building and the other flats are subject to long leases? No.

However,
for residential loans, where a single house has been converted into two units, and the borrower is buying one unit to live in, but is also acquiring the freehold interest, the security must be the freehold of the whole property subject to the lease of the other unit.
Yes, providing all flats in the block are subject to long leases and the borrower is not the sole freeholder.

We require our security to be the leasehold flat to be occupied by the borrower, and
for that security to have separate leasehold title that is UK Finance Lenders' Handbook compliant and meets our requirements.

If the valuer has not referred to the title arrangements in the valuation report, or if
a report has not been provided, please report the arrangements to us so that we can ensure that there is no adverse effect upon the valuation. You should also bring to our attention any interest the borrower has in any of the other flats in the building or adjacent building.

Where the borrower owns a share of the
freehold or superior title with others, a suitable form of trust deed or other suitable arrangement must be entered into prior to completion which contains provisions for the appropriate legal and beneficial interests in the freehold/superior title and leasehold titles to be transferred simultaneously if the lender exercises its power of sale.

Related CQS Core Practice Management Policies