Title Split
What is a title split?
In order to split a larger property into multiple different units – for example if you wanted to divide a larger house into flats to be rented out – you will need to perform a title split and create new leases for the new properties.
Splitting your title can significantly improve the value of your investment, as by creating the new leases (rather than renting the units out under one freehold) your property’s value increases and you have the option to rent out or sell the leases for a profit.
Why might a title split be a good idea for me?
With a title split, you can turn a property you aren’t living in into a long-lasting and high-yielding investment, rather than simply selling it. You can convert a larger property into multiple units to sell or let out, allowing you to raise even more profit without having to fund multiple property purchases.
Title Split One Stop Shop
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How can our One-Stop Shop help you?
A successful title split relies on the co-ordination of your mortgage application, your tax strategy and the creation of your leases; without this co-operation, there will be an imbalance between these three essential components which could cause delays and mistakes.
That’s what makes our integrated service so effective – by working under the same roof, our team can work closely with Starck Uberoi Solicitors to make sure your title split is completed quickly and easily.
Solicitors
We work in-house with Starck Uberoi Solicitors’ title split experts, who can legally split your properties’ titles and create new leases to suit your needs from your investment.
Mortgage advice
Our mortgage brokers will find you the best mortgages for each of your properties, with recommendations from the whole of the mortgage market. We’ll even help you with the application process and meeting your lender’s requirements.
Tax mitigation
Our combined approach enables us to help you keep your tax bill down, with personalised tax solutions on income tax, Stamp Duty and capital gains tax.
Our Title Split team
Sam Thomas
Managing director of Starck Uberoi Wealth
Sam is the CEO and presiding broker of Starck Uberoi Wealth. Sam specialises in buy to let mortgages, particularly focusing on strategies for property investors with larger portfolios. His experience and expertise enable him to recommend the best mortgage options from across the whole of the market, whether the client is an individual or a large investment company.
Raminder Singh Uberoi
Managing director of Starck Uberoi Solicitors
Raminder is a qualified solicitor, Notary Public and head of the property department at Starck Uberoi Solicitors, with over 15 years’ experience in conveyancing. Starck Uberoi Solicitors provide expert legal advice and services shaped by this experience, even in the most complicated areas.
Bridging Loan Finance Experts
We are able to advise on bridging finance solutions for you and help you make a selection based on what your requirements are. Bridging finance allows you to borrow money for a short period of time (usually for up to 18 months maximum), which many borrowers use to purchase a property or restore a derelict property. You can then repay the bridging loan with a conventional mortgage.
Title splits: your questions answered
We are able to advise on bridging finance solutions for you and help you make a selection based on what your requirements are. Bridging finance allows you to borrow money for a short period of time (usually for up to 18 months maximum), which many borrowers use to purchase a property or restore a derelict property. You can then repay the bridging loan with a conventional mortgage.
Plus, the conveyancing team at Starck Uberoi Solicitors frequently handle conveyancing transactions involving the use or redemption of bridging finance with ease, so you don’t have to worry about finding a conveyancer to handle these time-sensitive transactions for you.
“Do I need consent from my mortgage lender to split my property’s title?”
Yes. As your lender has a financial stake in your property, it is vital you obtain their consent before splitting your property’s title to avoid breaching your mortgage conditions. Your lender may be reluctant to allow you to split your title if they feel it would significantly reduce the value of your property, so it is important to check before completing the construction work.
Once we have found the best mortgage deals for your newly converted properties from across the whole of the market, we can then help you with the application process so you receive your mortgage offers as quickly as possible.
“Do I need consent from the land registry to split my property’s title?”
You do not need consent from the Land Registry to split your title – however, if there is a restriction in place on your property’s title which prevents you from splitting your property’s title, this will need to be removed before the Land Registry will accept an application to register new leases.
“Do I have to set up a limited company to split my property’s title?”
As most investors still want to retain ownership of the leases or freehold themselves, setting up a limited company means you can keep control of your whole property.
Setting up a limited company can also be a good idea if you’re planning on renting out the new leasehold properties. By owning the leasehold properties in your limited company name, you would pay corporate tax instead of income tax. Corporate tax is taxed at a rate of 15%, while higher rate taxpayers pay income tax at a rate of 40% – therefore, if you’re a higher or additional rate taxpayer, setting up a limited company could mean that you get to keep a lot more of your rental income.
Additionally, as a company director, you will be eligible for SSAS (Small Self-Administered Pension Scheme) and SIPP (Self-Invested Personal Pension) pension schemes which allow you to use your property investment to boost your pension in a tax-efficient way. Our financial planning team can tell you more about the benefits these schemes offer and which will be better suited for you.
“Can I split my property’s title and live in one of the new units?”
Lenders will have their own requirements from a deed of substituted security, but thanks to our relationship with Starck Uberoi Solicitors, you won’t need to worry about them – Starck Uberoi Solicitors are on the lender panel for the majority of high-street lenders including Barclays, HSBC, Halifax, Santander, Nationwide and NatWest, meaning they can act on behalf of both a lender and borrower. This means they’ll be able to meet your lender’s requirements and obtain the deed quickly and easily for you.
“Could I split my garden from my property with a title split?”
The title split process will work mostly in the same way as it would if you were dividing a property into smaller units. You’ll need to obtain permission from the Land Registry and from your lender, plus you will need to obtain land registry compliant plans of the new titles for your property and for your garden.
“Do I need to wait for the new leases to be registered before my new mortgages can be granted?”
“Can I split my property’s title horizontally and vertically?”
You can split your property’s title in whatever way you would prefer. Your lender may have some limitations on your new units (for example, the minimum size of each unit) but with their approval, you can split your property in any way you like.
“I plan to take out a bridging loan to buy a derelict property to refurbish into flats. Could I split my title in order to pay back the bridging loan?”
You certainly can – You can split your property’s title into several new units and arrange new mortgages for each new unit in order to redeem your loan.
In order to ensure your new mortgages are in place before your bridging loan is due to be repaid, it may be wise to take a mortgage from a specialist lender who provides financial solutions specifically designed for investors using a bridging loan. While many mortgage advisors will not be able to advise on these types of mortgages, our expert mortgage brokers have an in-depth understanding of the options available and can recommend you a loan which meets your requirements.
“I own a large building which has been split into 6 units. I want to split my property’s title to create 4 residential leases but grant commercial leases for the two units on the ground floor. Am I able to do this and if so, what will I need to do?”
You absolutely can. The title split process is the same whether you’re planning on granting residential and commercial leases. Because you’re granting new commercial leases, you will be able to determine the permitted use of the property and, depending on the nature of your business, may not even need planning permission.
You can obtain commercial mortgages over the units you intend to keep as commercial properties, and residential mortgages over the units you plan to turn into dwellings. However, there’s no need for you to do all the research – our mortgages team will recommend you the best residential and commercial mortgage options from across the whole of market, plus they’ll even help you with the application process.
“I own a freehold property worth £800,000 with an outstanding mortgage of £500,000. I divided the property into four flats 3 years ago and now want to split my title into three leases. I plan to remortgage the new leases to pay off the rest of my mortgage and raise more funds to purchase another property. Will this work and is SDLT payable?”
This can work, but there’s a few things you’ll need to think about. A freeholder can’t grant leases to themselves, so you’ll need to grant the leases either to another individual or a limited company.
Bear in mind that SDLT is payable at the higher rate for companies for any leases worth more than £40,000, and the 15% corporate rate is applicable for properties worth more than £500,000. As mentioned above, SDLT on company property acquisitions is based on the market value of the property, rather than the price paid for it – so granting the leases for no premium won’t stop you from having to pay SDLT.
Regardless of who the “purchaser” is, there will also likely be a 3% surcharge applicable – this surcharge applies to all purchases by companies and to any purchases by individuals who already own at least one property and who aren’t replacing their main residence. On the plus side, you will likely be eligible for multiple dwellings relief, as explained above.
“I’m planning on buying a property at auction which has already been split into 3 flats under one freehold for £500,000, which I will finance with a bridging loan. If I grant three new leases to either my adult children or my limited company in order to pay off the bridging loan, then remortgage each flat with a high-street lender, will I have to pay stamp duty twice?”
In this scenario, you do run the risk of having to pay stamp duty twice – once when you purchase the property and again when you grant the new leases. There are tax-efficient mechanics which can be used to avoid paying tax twice.
Whether you granted the leases into a limited company or into individuals’ names (in this case, into your children’s names), SDLT would be payable again because there is a “chargeable consideration” – something given in exchange. The release of the mortgage counts as chargeable consideration for these purposes.
However, if you can persuade the vendor to split the property into three leases for you to purchase instead and transfer the freehold separately, you would pay SDLT based on the combined value of the leases and you would be eligible for multiple dwellings relief. As a result, you’d only need to pay stamp duty once. Because the majority of the value would be taken from the freehold and put onto the leases, the value of the freehold will likely be too
As with the case with any purchase made with bridging finance, you do need to ensure that you will be able to remortgage each flat in time to repay your bridging loan. Unlike regular high street lenders, bridging lenders are typically less lenient regarding repossession and will take action to repossess your property much quicker. Considering the current situation within the mortgage market, it may take longer than usual for you to arrange your new mortgages.
For this reason, you need to ensure your mortgage brokers and conveyancers are working quickly to get your new mortgages arranged in time – fortunately, our connection with Starck Uberoi Solicitors helps us ensure deadlines are met, so you won’t need to worry.
Contact Us
You can find more information about the Title Split process in this blog from our partner company, Starck Uberoi Solicitors.