House with attached shop

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    House with attached shop

    I would appreciate any help I can geton an unusual situation.

    We own a house (4 bed) with small attached shop. We need to obtain a mortgage and are finding it difficult to do thi. The title of the house and shop is freehold, but the banks will not lend as it is not residential. When I tried to obtain a semi-commercial mortgage the broker said it was not possible as there was a shop involved, which totally threw me, as I thought this was precisely what a semi-commercial mortgage would be intended for. I then approached a commercial mortgage broker who said the property was not technically commercial as it was too residential due to the house.

    I am now totally confused as to where to go next. I have tried our solicitor who does not seem to know how to resolve this sort of complex issue. I would have thought that some way of setting up leases on the house and ths hop separately would be a reasonable option, but no-one has suggested this to me. Surely I must be able to get a mortgage somehow


    Yes. If the entirety is in joint names, create a lease of the house/garden alone (2 to 1, for instance). The sole-name leaseholder can then mortgage the leasehold interest independently. Send me an e-mail if you need help.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).


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