SDLT1 form - leasehold property, can anyone help please?

smithers281

HI. I'm selling my property to my parents and we are currently completing the SDLT1 form for the SDLT they need to pay. I'm struggling a bit with the SDLT1 as the property I'm selling is a leasehold. Q2 is the transcation type, is it a 'conveyence/transfer' (acquisition of any freehold interest in land where no lease is involved) or 'any other transaction involving lease' (acquisition of all interests where there is a lease involved, except the grant of a new lease or a replacement lease)? I understand that there is a lease associated with the property, but am I transferring the lease to them or am I transferring just the property, as I am not the owner of the lease (the freeholder). Am I then required to fill in quesitons 16-21 regarding the lease details? I have the Title Regsiter which provides these details, but I am an unsure when the lease begins/ends - is it the intial date of 1946 when the property was built or 1992 when the lease seem to change, or 2009 when I bought the property?

 GREATER MANCHESTER : WIGAN

1. 1  (17.07.1992) The Leasehold land shown edged with red on the plan of the above Title filed at the Registry and being XXXXX

2. 2  (17.07.1992) The mines and minerals are excepted.

3. 3  (17.07.1992) Short particulars of the lease(s) (or under-lease(s)) under which the land is held:

Date : 10 October 1946
Term : 999 years (less 10 days) from 29 September 1946 Rent : £5.6s.8d

        Parties     : (1) XXXX
                      (2) XXXXXX

Title good leasehold

1. 1  (10.09.2009) PROPRIETOR: ANDREW SMITH of XXXXXX (address)
   

davidmcn

You're transferring the lease, which began in 1946 (I don't know exactly what the questions on the form are though).

greatcrested

smithers281 said:

...... the property I'm selling is a leasehold. Q2 is the transcation type, is it a 'conveyence/transfer' (acquisition of any freehold interest in land where no lease is involved)

clearly not. You said there is a lease.

or 'any other transaction involving lease' (acquisition of all interests where there is a lease involved, except the grant of a new lease or a replacement lease)?

clearly yes, since it involves an existing (not new) lease

1I understand that there is a lease associated with the property, but am I transferring the lease to them or am I transferring just the property, as I am not the owner of the lease (the freeholder).

you are very confused! You are the owner of the lease I assume. You bought it in 2009 did you not?

Quite why you put 'the freeholder' in brackets I don't know. You have not said you own the freehold as well. Do you? If so, are you also selling the freehold (or a share of it) to your parents?

Am I then required to fill in quesitons 16-21 regarding the lease details? I have the Title Regsiter which provides these details, but I am an unsure when the lease begins/ends - is it the intial date of 1946 when the property was built or 1992 when the lease seem to change, or 2009 when I bought the property?

the lease was created in October 1946 and lasts till October 2945. You are therefore selling the right for your parents to occupy the property till 2946 (or their deaths whichever comes sooner....).Thereafter, the right to the property will return to the freeholder.

 GREATER MANCHESTER : WIGAN

1. 1  (17.07.1992) The Leasehold land shown edged with red on the plan of the above Title filed at the Registry and being XXXXX

2. 2  (17.07.1992) The mines and minerals are excepted.

3. 3  (17.07.1992) Short particulars of the lease(s) (or under-lease(s)) under which the land is held:

Date : 10 October 1946
Term : 999 years (less 10 days) from 29 September 1946 Rent : £5.6s.8d

        Parties     : (1) XXXX
                      (2) XXXXXX

Title good leasehold

1. 1  (10.09.2009) PROPRIETOR: ANDREW SMITH of XXXXXX (address)
   

Comments in bold.

NameUnavailable

greatcrested said:

the lease was created in October 1946 and lasts till October 2945. You are therefore selling the right for your parents to occupy the property till 2946 (or their deaths whichever comes sooner....).Thereafter, the right to the property will return to the freeholder

Comments in bold.

If you die the property returns to the freeholder? Surely not!

greatcrested

NameUnavailable said:

greatcrested said:

the lease was created in October 1946 and lasts till October 2945. You are therefore selling the right for your parents to occupy the property till 2946 (or their deaths whichever comes sooner....).Thereafter, the right to the property will return to the freeholder

Comments in bold.

If you die the property returns to the freeholder? Surely not!

Fair point. Poorly worded!