Selling a Maisonette: Leasehold and Freehold Considerations

Maisonettes occupy an unusual position in the English and Welsh property market. They offer the space and feel of a house – with a private entrance, multiple floors, and no shared communal hallway – but they share structural elements with neighbouring properties in a way that creates specific legal and practical complications when you come to sell.

Whether your maisonette is leasehold or freehold, the sale process involves considerations that go beyond a straightforward house or flat sale. This guide covers everything you need to know: what makes maisonettes different, how the tenure affects your sale, what legal documents you will need, and how to avoid the delays that commonly catch maisonette sellers off guard.

What is a maisonette?

A maisonette is a self-contained residential unit that forms part of a larger building but has its own private entrance, typically at ground level or via an external staircase. Unlike a flat, which usually occupies a single floor and shares a communal entrance hall, a maisonette spans two or more floors within the building.

Maisonettes most commonly arise in two situations:

• Converted period houses – a Victorian or Edwardian terraced house that has been split into an upper maisonette and a lower maisonette (or a ground-floor flat and an upper maisonette)
• Purpose-built blocks – some 1960s and 1970s local authority and housing association developments include maisonettes designed as two-storey units within a larger block

The key legal distinction between a maisonette and a flat is not the number of floors but the private entrance. A maisonette has its own front door accessed directly from outside the building, while a flat is accessed from a shared internal hallway or stairwell. This distinction affects how the property is registered, how it is valued, and what legal issues arise on sale.

Maisonette vs flat: key differences for sellers

These differences have practical consequences for sellers. A leasehold maisonette follows a similar sales process to a leasehold flat, including the need for a TA7 form and management pack. A freehold maisonette, by contrast, may involve flying freehold complications that are rarely an issue with standard flats.

Leasehold maisonettes: what sellers need to know

The majority of maisonettes in England and Wales are leasehold. If your maisonette is leasehold, the sales process is broadly the same as selling any leasehold property, but with a few maisonette-specific considerations.

Legal documents required

As a leasehold maisonette seller, you will need to provide the following documents as part of the conveyancing process:

• TA6 Property Information Form – covering the property itself, including boundaries, disputes, planning, and services. See our guide to the TA6 form.
• TA7 Leasehold Information Form – covering the lease terms, ground rent, service charges, building insurance, and the managing agent. See our TA7 form guide.
• TA10 Fittings and Contents Form – listing what is included in and excluded from the sale.
• Leasehold management pack (LPE1) – ordered from your freeholder or managing agent. See our guide to the leasehold management information pack.
• Official copies of the lease and title from HM Land Registry (£7 per document).

Lease length

The remaining term on your lease is one of the most important factors in a leasehold maisonette sale. Most mortgage lenders require at least 70 to 80 years remaining on the lease at the point of the buyer's mortgage application. If your lease is approaching or below 80 years, the cost of extending it increases sharply because marriage value becomes payable to the freeholder under the Leasehold Reform, Housing and Urban Development Act 1993.

You should check your remaining lease term before marketing your maisonette and consider extending if it is below 85 years. A lease extension adds value to the property and widens your buyer pool. The Leasehold and Freehold Reform Act 2024 proposes to remove marriage value from the calculation, but as of early 2026 the relevant secondary legislation has not yet come into force.

Ground rent and service charges

Your buyer's solicitor and mortgage lender will scrutinise the ground rent provisions in your lease. Leases with doubling ground rent clauses can make maisonettes difficult to mortgage, as many lenders follow the UK Finance Lenders' Handbook criteria, which restrict lending where ground rent exceeds 0.1% of the property value. The Leasehold Reform (Ground Rent) Act 2022 caps ground rent at a peppercorn for new leases granted on or after 30 June 2022, but existing leases are unaffected.

Service charges for leasehold maisonettes vary depending on the building's management arrangements. In a small conversion with just two units, service charges may be informally managed between the two leaseholders. In a larger block, a professional managing agent will handle service charges, insurance, and maintenance. Your management pack will contain the details.

Freehold maisonettes: the flying freehold problem

Some maisonettes are registered as freehold, particularly where a house has been split into two separate freehold titles. This can happen when a terraced house is converted into an upper and lower unit, each with its own freehold title.

While owning a freehold sounds simpler than a leasehold, freehold maisonettes often come with a significant complication: the flying freehold.

What is a flying freehold?

A flying freehold occurs when part of one freehold property extends over or under another freehold property. In a maisonette context, the upper maisonette's floor is the lower maisonette's ceiling. Both are structural elements, but neither owner has automatic legal rights to require the other to maintain their part of the shared structure.

Under English freehold land law, property rights generally do not extend upwards or downwards beyond the boundaries of the land itself. This means that unlike leasehold arrangements – where the lease spells out who is responsible for what – freehold maisonettes can lack enforceable obligations for shared maintenance and repair. For a detailed look at this issue, see our guide on selling a house with a flying freehold.

How flying freeholds affect mortgage availability

Many mortgage lenders are cautious about flying freeholds. Some lenders will not lend at all on a property with a flying freehold, while others impose conditions:

• The flying freehold element must be less than 15% to 25% of the total floor area (the threshold varies by lender)
• Indemnity insurance must be in place to cover the risk of the neighbouring owner failing to maintain their part of the shared structure
• A deed of covenant or reciprocal maintenance agreement between the two freehold owners may be required

If your maisonette has a flying freehold, you should discuss the position with your solicitor early. They may recommend obtaining indemnity insurance before marketing the property, so it is ready to present to the buyer's solicitor and lender from the outset.

Shared access and maintenance responsibilities

One of the most common issues in maisonette sales is the arrangement for shared access and shared maintenance. Unlike a detached house, a maisonette shares structural elements – walls, floors, ceilings, roofs, external paths, and sometimes gardens – with one or more neighbouring properties.

Access rights

The buyer's solicitor will want to confirm that your maisonette has legally enforceable access rights. These should be documented either in the lease (for leasehold maisonettes) or as registered easements (for freehold maisonettes). Key access issues include:

• Shared entrance paths or driveways – if your front door is reached via a shared path, the buyer needs to know this right of access is legally protected
• Access for maintenance – the ability to access the neighbouring property's part of the building for repairs to shared structures (for example, reaching an external wall or roof from the other unit's garden)
• Bin storage and parking – any shared arrangements for refuse collection, bicycle storage, or parking spaces

Maintenance obligations

For leasehold maisonettes, the lease typically sets out who is responsible for maintaining the structure, the exterior, the roof, and the shared areas. Service charges are used to fund communal maintenance, and the freeholder or managing agent coordinates repairs.

For freehold maisonettes, maintenance responsibilities may be set out in a deed of covenant between the two owners, or they may rely on informal arrangements. The buyer's solicitor will want to see evidence of formal, legally binding maintenance obligations. Where these are absent, a defective title indemnity policy may be needed to satisfy the buyer's mortgage lender.

Party wall considerations

Maisonettes invariably share structural walls, floors, or ceilings with neighbouring properties. The Party Wall etc. Act 1996 is relevant both to works you may have carried out and to how the shared structure is managed.

When selling, the buyer's solicitor will want to know:

• Whether any building work has been carried out that required a party wall notice under the Act
• Whether a party wall award was obtained where required (and a copy should be provided)
• Whether there are any ongoing or unresolved party wall disputes with the neighbouring property

If you carried out works that should have been subject to a party wall notice and failed to serve one, this should be disclosed on the TA6 form. Your solicitor may recommend indemnity insurance to cover the risk. For more detail on what the Act covers and how it affects property sales, see our guide on party wall issues when selling.

How maisonettes are valued

Maisonettes occupy a middle ground in valuation terms. They typically command a premium over comparable flats because of the private entrance, additional floor space, and the feeling of living in a house. However, they are generally valued below a similar-sized terraced house because of the shared structural elements, tenure complications, and the potential impact on mortgage availability.

A RICS-qualified surveyor will consider the following factors when valuing a maisonette:

• Tenure – leasehold or freehold, and the remaining lease length if applicable
• Flying freehold – the extent and nature of any flying freehold element
• Ground rent and service charges – the annual cost of holding the property
• Condition – both of the individual unit and the building as a whole
• Shared access quality – whether the entrance is truly private and the access arrangements are well-maintained
• Comparable sales – recent sales of similar maisonettes in the area, adjusted for differences in size, condition, and tenure

For a broader view of how conveyancing costs affect your net proceeds, see our conveyancing costs breakdown.

Common buyer concerns with maisonettes

Understanding what buyers and their solicitors worry about helps you prepare your sale documents more effectively. The most common concerns raised in maisonette transactions are:

1. Lease length (leasehold maisonettes). Buyers with mortgages need at least 70 to 80 years remaining. A short lease reduces the buyer pool and depresses the price.
2. Flying freehold extent (freehold maisonettes). Mortgage lenders want to see that the flying freehold element is small relative to the total floor area. If it exceeds 25%, many lenders will decline the mortgage.
3. Enforceable maintenance obligations. Buyers need confidence that the neighbouring owner is legally required to maintain their part of the shared structure. Without this, the buyer risks being unable to enforce essential repairs.
4. Shared access security. If access to the maisonette relies on crossing another property, buyers will want legally registered easements rather than informal agreements that could be challenged.
5. Service charge reasonableness. In leasehold maisonettes, buyers will review the last three years' service charge accounts and any planned major works. Unexpectedly high charges or Section 20 notices for forthcoming works can deter buyers.
6. Building insurance adequacy. The buyer's lender will require confirmation that the building is adequately insured for the full rebuild cost, including shared structural elements.
7. Party wall compliance. Any works to shared walls, floors, or ceilings should have been carried out in compliance with the Party Wall etc. Act 1996. Missing party wall agreements are a common reason for additional enquiries.

Addressing these concerns proactively – by gathering your documents, ordering your management pack early, and obtaining indemnity insurance where needed – makes your maisonette significantly easier to sell.

TA7 requirements for leasehold maisonettes

If your maisonette is leasehold, you will need to complete the TA7 Leasehold Information Form as part of the conveyancing process. The TA7 is divided into ten sections and covers every aspect of the leasehold arrangement. For maisonettes, certain sections require particular attention:

• Section 1 (The lease) – confirm the date, original term, commencement date, and any deed of variation. If the maisonette was converted from a house, the lease may contain specific provisions about the conversion that do not appear in standard flat leases.
• Section 3 (Maintenance and repairs) – this is particularly important for maisonettes where the division of maintenance responsibilities may differ from a standard block of flats. Clarify who is responsible for the roof (typically the freeholder or shared), the external walls, and the shared floor/ceiling structure.
• Section 4 (Insurance) – in a small maisonette conversion, the building insurance may be arranged by one of the leaseholders rather than a professional managing agent. The buyer's lender will still require proof of adequate cover.
• Section 5 (Service charges) – in a two-unit conversion, service charges may be informal. Even so, you should provide details of how costs are shared and any recent expenditure on the building.
• Section 8 (Complaints and disputes) – disclose any disputes with the freeholder, the managing agent, or the other leaseholder. In small maisonette conversions, neighbour-to-neighbour disputes are more visible to buyers and can significantly affect the sale.

The information for the TA7 comes primarily from your lease document and the leasehold management pack. Ordering the management pack before listing your maisonette for sale ensures your solicitor can send the draft contract pack to the buyer's solicitor promptly once an offer is accepted. For more detail on the full conveyancing timeline, see our guide on how long conveyancing takes.

How to prepare your maisonette for a smooth sale

1. Check your tenure. Confirm whether your maisonette is leasehold or freehold by reviewing your title deeds or searching at HM Land Registry. This determines which legal documents you need and which issues to prepare for.
2. If leasehold, order the management pack early. Contact your freeholder or managing agent and request the LPE1 pack as soon as you decide to sell. The two-to-four-week wait is one of the biggest causes of delay in leasehold maisonette sales.
3. If freehold, check for a flying freehold. Ask your solicitor to review the title to identify any flying freehold elements. If one exists, discuss whether indemnity insurance or a reciprocal deed of covenant is needed.
4. Gather party wall documentation. If you have carried out any building work to shared walls, floors, or ceilings, locate any party wall notices and awards. If you did not obtain a party wall agreement where required, discuss with your solicitor whether indemnity insurance is appropriate.
5. Document shared access arrangements. Ensure that any shared paths, driveways, or access routes are covered by registered easements or set out in the lease. If there are informal arrangements, flag these with your solicitor.
6. Check your lease length. If your lease has fewer than 85 years remaining, take advice on whether to extend before selling. The cost of extension rises significantly once the lease drops below 80 years.
7. Complete the TA6 and TA7 forms early. Filling in your property information forms before you find a buyer means your solicitor can send the draft contract pack immediately once an offer is accepted. This is exactly what Pine helps you do.

How long does it take to sell a maisonette?

The conveyancing timeline for a maisonette depends on the tenure and the complexity of the legal issues involved. As a rough guide:

Getting your documents in order before you list your property is the single most effective way to keep these timelines as short as possible. For general tips on keeping the process moving, see our guide on how long conveyancing takes.

Property searches for maisonettes

The buyer's solicitor will carry out the same property searches for a maisonette as for any residential property, including local authority searches, environmental searches, drainage searches, and a Land Registry search. However, maisonettes may trigger additional scrutiny in certain areas:

• Local authority search – the buyer's solicitor will check for any enforcement notices, planning applications, or building control records relating to the conversion of the property into maisonettes
• Land Registry search – confirming the exact extent of the title and any registered easements for shared access
• Drainage search – in older conversions, the drainage arrangements may be shared or non-standard, which the search will reveal

Sellers who order property searches upfront can identify and address potential issues before they cause delays during the buyer's conveyancing process.

Sources

• HM Land Registry – Practice Guide 28: Flying freeholds (gov.uk)
• Law Society of England and Wales – Leasehold Information Form (TA7), 3rd edition, 2019
• Law Society of England and Wales – Property Information Form (TA6), 4th edition, 2020
• Law Society Conveyancing Protocol, 5th edition – lawsociety.org.uk
• Party Wall etc. Act 1996 – legislation.gov.uk
• Leasehold Reform, Housing and Urban Development Act 1993 – legislation.gov.uk
• Leasehold Reform (Ground Rent) Act 2022 – legislation.gov.uk
• Leasehold and Freehold Reform Act 2024 – legislation.gov.uk
• UK Finance Lenders' Handbook – ukfinance.org.uk
• RICS – Valuation of individual new-build homes (rics.org)
• LEASE (Leasehold Advisory Service) – lease-advice.org

Related guides

• Selling a Freehold Flat
• Selling a Penthouse Flat
• Selling a Tyneside Flat: What You Need to Know

Frequently asked questions