Mortgage guide
Flying freehold mortgages
A flying freehold mortgage applies where part of a freehold property physically overhangs, underlies, or relies on support from another separately owned freehold. In mortgage terms, a mortgage on a flying freehold is possible, but it introduces additional legal and maintenance complexity. Whether a lender will proceed depends on the legal rights attached to the property rather than the flying freehold structure itself.
Flying freehold mortgages
A flying freehold mortgage applies where part of a freehold property physically overhangs, underlies, or relies on support from another separately owned freehold. In mortgage terms, a mortgage on a flying freehold is possible, but it introduces additional legal and maintenance complexity. Whether a lender will proceed depends on the legal rights attached to the property rather than the flying freehold structure itself.
Why lenders care
Lenders assess flying freeholds through a legal enforceability and exit-risk lens. If rights of access, support, or repair are not clearly set out in the title, essential maintenance may be difficult to carry out. This uncertainty can affect the property’s condition, valuation confidence, and re-saleability, particularly if neighbouring owners are uncooperative.
What lenders typically look for
For a flying freehold mortgage, lenders usually require confirmation that the title includes enforceable rights of support, protection, and access for repair. Where these rights are incomplete, flying freehold mortgage lenders commonly expect suitable indemnity insurance to mitigate the risk of future disputes or restricted access.
Buy to let considerations
Buy to let lenders are generally more cautious with flying freeholds than residential lenders. Tenant occupation can increase wear and tear and delay remedial works, which heightens long-term maintenance and exit risk. As a result, criteria for a mortgage flying freehold in a buy to let context are often tighter and more conservative.
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Related case studies
Frequently asked questions
Can I buy the freehold of a high value block and finance it?
Yes, buying the freehold of a high-value block can be financed, whether through collective enfranchisement with other leaseholders or as an investment purchase. Collective enfranchisement is the statutory right of qualifying leaseholders to buy their building's freehold together. Lenders assess the ground rent income, lease lengths, and the building's condition when agreeing terms.
What is a buy to let mortgage?
A buy to let mortgage is a loan used to purchase or refinance property that is rented to tenants, where affordability is assessed mainly on rental income rather than the borrower’s personal income.
Can I live in my own buy-to-let property?
No, you cannot live in a property funded by a standard buy-to-let mortgage. Buy-to-let mortgages are for rental properties only, and living in the property would breach the mortgage terms. If you intend to live there, the mortgage must be residential or regulated.
Can I remortgage a buy to let to release equity?
Yes, subject to valuation, rental coverage, and the effect on portfolio-level leverage. Recently purchased or refurbished property may be valued on a 180-day basis, and a product transfer is often the cheaper renewal route.
Can a first-time buyer get a buy to let mortgage?
Yes, a first-time buyer can get a buy to let mortgage from some lenders, which assess the case more cautiously than one from a landlord who owns a home. Lenders that accept first-time buyers may ask for a minimum personal income, set a lower maximum loan to value or prefer standard, easily let property. The purchase does not qualify for first-time buyer relief from Stamp Duty Land Tax, because the relief is only for buyers who intend to live in the property as their only or main residence (HMRC Stamp Duty Land Tax Manual: SDLTM29831). Owning the rental also means a later home purchase is no longer a first-time purchase for stamp duty.
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