Shared Ownership Agreement

Shared Ownership Agreement for the United Kingdom

Shared Ownership Agreement Template for England and Wales

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"Need a Shared Ownership Agreement for a new-build apartment in Manchester where the buyer will purchase an initial 25% share, with plans to staircase up to 100% ownership by January 2025."

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What is a Shared Ownership Agreement?

The Shared Ownership Agreement is a crucial document in England and Wales' affordable housing sector, enabling individuals to purchase a share of a property while paying rent on the remainder. This agreement type has become increasingly important as property prices have risen, making full ownership unattainable for many. The document establishes all aspects of the shared ownership arrangement, including initial share purchase, rent calculations, staircasing provisions, and ongoing responsibilities. It must comply with current housing legislation and regulations, including the Housing Acts and Homes England requirements.

What sections should be included in a Shared Ownership Agreement?

1. Parties: Details of the housing association/provider and the shared owner

2. Background: Context of the shared ownership arrangement and property details

3. Definitions: Key terms used throughout the agreement including relevant legislation references

4. Initial Share Purchase: Details of the initial share being purchased and payment terms

5. Rent Provisions: Terms for rent payment on the unpurchased share, including calculation methods and payment schedules

6. Staircasing Provisions: Process for purchasing additional shares, including valuation requirements and procedures

7. Service Charges: Details of service charges and maintenance obligations

8. Repairs and Maintenance: Responsibilities for property maintenance and upkeep

9. Insurance: Insurance requirements and obligations of both parties

10. Transfer and Sale Provisions: Procedures and requirements for selling or transferring the property

What sections are optional to include in a Shared Ownership Agreement?

1. Mortgage Requirements: Specific terms relating to mortgage financing and lender requirements

2. Subletting Provisions: Terms and conditions under which subletting may be permitted

3. Right of First Refusal: Housing provider's right to first refusal when the property is sold

4. Restrictions on Use: Special conditions or restrictions on property use

5. Management Company Provisions: Terms relating to management company involvement if applicable

What schedules should be included in a Shared Ownership Agreement?

1. Property Schedule: Detailed description of the property including plans and specifications

2. Initial Purchase Price Calculation: Breakdown of initial share purchase calculations and valuations

3. Service Charge Schedule: Detailed breakdown of service charges and payment terms

4. Staircasing Schedule: Detailed procedure for staircasing calculations and implementations

5. Lease Terms: Full terms of the underlying lease agreement

6. Maintenance Schedule: Detailed breakdown of maintenance responsibilities

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Housing
Real Estate
Social Housing
Financial Services

Relevant Teams

Legal
Housing Management
Finance
Property Services
Customer Service

Relevant Roles

Housing Officer
Property Manager
Legal Counsel
Housing Director
Mortgage Advisor

Industries

Housing Act 1985: Primary legislation governing shared ownership, particularly Part V which deals with the right to buy and shared ownership schemes

Housing Act 1996: Sets out framework for housing associations and registered social landlords in shared ownership arrangements

Housing and Regeneration Act 2008: Establishes regulatory framework for social housing providers including shared ownership schemes

Leasehold Reform Act 1967: Governs leasehold properties and rights of leaseholders, relevant for shared ownership properties

Law of Property Act 1925: Fundamental property law legislation that underpins all property transactions in England and Wales

Land Registration Act 2002: Governs the registration of land and property rights in England and Wales

Homes England Capital Funding Guide: Regulatory guidance for shared ownership schemes funded through Homes England

Affordable Homes Programme: Government guidance on delivery of affordable homes including shared ownership properties

LEASE Guidelines: Leasehold Advisory Service guidelines providing guidance on shared ownership and leasehold matters

Financial Services and Markets Act 2000: Regulates financial services and mortgage providers involved in shared ownership transactions

Consumer Credit Act 1974: Protects consumers in credit agreements, including mortgages for shared ownership

Consumer Rights Act 2015: Provides consumer protection in contracts, including shared ownership agreements

Unfair Terms in Consumer Contracts Regulations 1999: Protects consumers from unfair terms in contracts, including shared ownership agreements

Consumer Protection from Unfair Trading Regulations 2008: Protects consumers from unfair trading practices in property transactions

Commonhold and Leasehold Reform Act 2002: Updates leasehold law and introduces commonhold, affecting shared ownership properties

Land Registration Rules 2003: Detailed rules governing land registration procedures for shared ownership properties

Landlord and Tenant Act 1985: Governs landlord-tenant relationships, including service charges and repairs in shared ownership

UK GDPR: Regulates the processing of personal data in shared ownership agreements and transactions

Data Protection Act 2018: UK's implementation of data protection requirements, affecting handling of personal information in shared ownership

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