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Shared Ownership Contract Template for England and Wales

A Shared Ownership Contract under England and Wales law is a legal agreement that enables individuals to purchase a share of a property (usually between 25% and 75%) while paying rent on the remaining portion to a housing provider. The contract governs the relationship between the shared owner and the housing provider, including provisions for staircasing (increasing ownership share), rent calculations, maintenance responsibilities, and service charges. It must comply with specific housing legislation and regulatory requirements in England and Wales.

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What is a Shared Ownership Contract?

The Shared Ownership Contract is a fundamental document in England and Wales' affordable housing sector, designed to help individuals step onto the property ladder who might otherwise be unable to purchase a home outright. This contract type establishes the legal framework for shared ownership arrangements, detailing initial share purchases, rent calculations, staircasing options, and ongoing responsibilities. It's particularly relevant in urban areas where property prices may be prohibitive for first-time buyers, and must comply with specific Housing Act requirements and Homes England guidelines.

What sections should be included in a Shared Ownership Contract?

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

2. Background: Context of the shared ownership arrangement and reference to key legislation

3. Definitions: Key terms used throughout the agreement including statutory definitions

4. Property Description: Detailed description of the property including boundaries and shared areas

5. Share Percentage: Initial share percentage being purchased and payment terms

6. Staircasing Provisions: Terms and conditions for increasing ownership share including minimum and maximum percentages

7. Rent Provisions: Terms for rent calculation and payment on the unpurchased share

8. Service Charges: Details of service charges, calculation method and payment terms

9. Repair and Maintenance: Responsibilities for property maintenance and repairs

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

1. Mortgagee Protection: Required when property is mortgaged - includes provisions protecting mortgage lender's interests

2. Help to Buy Provisions: Specific terms related to Help to Buy scheme compliance and requirements

3. Subletting Provisions: Terms governing subletting permissions and restrictions

What schedules should be included in a Shared Ownership Contract?

1. Schedule 1 - Property Plan: Detailed plan showing property boundaries and common areas

2. Schedule 2 - Service Charge Schedule: Breakdown of service charge components and calculations

3. Schedule 3 - Staircasing Schedule: Detailed procedure for staircasing applications and valuations

4. Schedule 4 - Rent Review Schedule: Method and timing of rent reviews including calculation formulae

5. Schedule 5 - House Rules: Regulations for shared buildings or estates including use of common areas

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Ownership Agreement

Cost

Free to use

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