Thinking of buying a home in the North East? You may have come across the term Tyneside flat. These unique properties have been a popular choice for over a century, offering a blend of traditional charm and practicality. However, their distinctive legal structure, particularly the leasehold arrangements, can be a little confusing.
While the term Tyneside flat is unique to the North East, the principles of their legal structure – known as criss-cross or crossover leases – are found across the country. Understanding this unique arrangement is crucial.
At Cooklaw Solicitors, we specialise in residential conveyancing and have extensive experience navigating the complexities of Tyneside flats. This guide will help you understand what Tyneside flats are, how the leases work, and how we can help make your home purchase as smooth as possible.
What exactly is a Tyneside flat?
A Tyneside flat is a type of terraced house split into two separate, self-contained dwellings, one on the ground floor and the other on the first floor. A distinctive feature is that each flat has its own front door, often appearing as an adjacent pair on the front of the building. The lower flat’s door leads directly into the living space, while the upper flat’s door opens to a private hallway and staircase. From the outside, the building looks like a standard two-storey terraced house, but the two front doors give away its unique internal layout. This design was a pragmatic solution to the need for affordable housing for the growing industrial workforce in cities like Newcastle, Gateshead and Sunderland in the late 19th century.
Despite their separate entrances, the two flats are legally interconnected. The upper flat is sheltered by the roof, and the lower flat provides the foundations and structural support. This relationship necessitates a specific legal framework to ensure both properties are properly maintained and insured. This framework is known as the Tyneside flat lease scheme, or nationwide as a criss-cross or crossover lease.
The intricacies of Tyneside flat leases
The legal arrangement for a Tyneside flat is a unique system designed to ensure each owner can enforce maintenance obligations on the other. There are two primary types of Tyneside flat leases: North Tyneside and South Tyneside.
The North Tyneside flat lease
The core of this scheme is a criss-cross freehold ownership. When you buy a flat under a North Tyneside lease, you purchase the leasehold interest in your own flat and, crucially, you also acquire the freehold interest in the other flat. For example, the ground floor flat owner holds the lease for their flat and the freehold for the upper flat. Conversely, the upper flat owner holds the lease for their flat and the freehold for the ground floor flat.
This unique setup ensures that the owner of each flat acts as the landlord to the other. This allows each party to enforce the covenants (legally binding obligations) of the lease against the other. These covenants typically cover:
- Each flat owner’s responsibility for maintaining their specific part of the building. The ground floor owner is usually responsible for the foundations up to the first-floor joists, while the upper flat owner is responsible for everything from the joists upwards, including the roof and its void.
- Who is responsible for insuring which part of the building. The upper flat owner typically insures the roof, and the ground floor owner insures the foundations.
- Any planned structural changes require the consent of the other both owners.
Leases under this scheme are typically granted for a very long term, often 999 years, and feature a ‘peppercorn’ ground rent. Since each owner is responsible for their own portion of the building, there is no need for a service charge.
The South Tyneside flat lease
In a South Tyneside lease, one flat owner holds the freehold to the entire building, and the other flat owner has a leasehold interest in their flat. The freeholder is responsible for insuring the whole building and its maintenance, while the leaseholder pays a yearly ground rent (usually a small amount, around £20) and contributes half of the costs for any necessary building repairs and upkeep.
The key difference here is the absence of the criss-cross freehold. While this can simplify the initial legal structure, it’s important to understand the obligations of both the freeholder and the leaseholder to ensure the property is well-maintained and that all responsibilities are clearly defined.
How Cooklaw Solicitors can help
Buying or selling a Tyneside flat, whether it’s a North or South Tyneside lease, requires specialised legal expertise. As a local firm, our team has an in-depth understanding of these unique arrangements, a knowledge base that many firms outside the North East simply don’t possess. We can help you every step of the way and offer the following support:
- Meticulously reviewing the lease to ensure all covenants are clear and that there are no hidden issues. We will check the property plan, which is attached to the lease, to confirm the extent of the property you are buying.
- Addressing leasehold issues, for example, a part of a lease may be missing, the freeholder may be untraceable, or the lease term may be too short for certain lenders. We have the experience to tackle these problems head-on, find practical solutions and ensure that your transaction can proceed smoothly.
- Liaising with your mortgage lender and other parties, educating them on the specific nature of Tyneside flat leases to prevent any misunderstandings that could delay your purchase. Our local knowledge is a significant advantage in these situations.
We understand that buying a home is a significant life event. Our goal is to make the legal process as simple and stress-free as possible. We will ensure all legal aspects are handled correctly, from checking the title deeds to arranging the transfer of funds, so you can focus on moving into your new home.
If you are considering buying or selling a Tyneside flat, trust us to guide you through the process with confidence and care. Contact us today for a free, no-obligation chat about your conveyancing needs.
