Edition 2020 Ninth edition
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a6048c931cdc93 TEGOVA EVS 2020 digital
(see EVS 1)
of the specific identified interest in the dwelling with its physical and legal characteristics, both beneficial and burdensome, at the current or past date for which the valuation is prepared. 2.2. That will take account of the limitations that may be imposed by there being other interests in the property but also of the reasonable expectations that potential buyers in the market place might have of any change in those circumstances as, for example, of a tenancy ending to give vacant possession of the dwelling. That would be as relevant as any wider change the market might take into account that could bear on value such as, for example, the opportunities for re-development of the property given the legal interests currently held by others in the property. 3. Multiple ownerships 3.1. Co-ownership — Such a situation can arise where there is more than one owner, as where: • A husband and wife jointly own a dwelling; or • A house is inherited by children in equal shares. And similarly where a single tenancy of a property is held by more than one person. While, in a residential context, such co-owners may often be members of the same family, they could be entirely unrelated — as where friends share a tenancy or agree to buy a house together in an expensive housing market. 3.2. That ownership will usually be co-ownership of the whole, in undivided shares. Occasionally, joint owners may have specific interests in parts of a single property. 258 IV. - EVIP 3: Multiple Interests in Residential Property European Valuation Standards 2020 3.3. Such joint ownership or tenancies can give rise to valuation questions when there is a need to value the interest of only one of the co-owners. The outcome may be affected by the operation of national law on the situation and any limitations it may impose on the disposal of the entire property and how shares in its ownership can be transferred (most often relevant on the death of a co-owner). Even where the share in the ownership is transferable, it is likely that the Market Value of a frac- tional interest will be at a discount to the underlying value, with smaller shares of ownership seeing greater discounts. That may not apply when determining the special value of that share in valuing between the co-owners. 3.4. Example — The valuer is required to determine the Market Value of the interest of one of two sisters who jointly own a house worth €250,000. As the hypothetical buyer of her interest would be buying into a house already and equally occupied by the other sister, the buyer is likely to bid less than half the value of the house. For instance, that Market Value of a half share might be €110,000 though the actual figure would vary with the facts of the case. That depreciatory effect might be greater if interest valued were that of one of three or four co-owning siblings, and so a third or a quarter share in the house. 3.5. In some jurisdictions, one joint holder of a tenancy can bring the whole tenancy to an end by a notice to quit; in others, such a notice would not have that effect, so that some joint tenancies could continue indefinitely by successive transfers or family relationships creating new rights to remain. 3.6. Shared ownership — Housing affordability issues in some countries have led to some purchasers taking part ownership of a dwelling and paying rent for the re- mainder. Arrangements may then vary from the purchaser progressively buying the remainder of the property to simply being able to sell the part share on to a future buyer, the nature of the buyer sometimes being limited by reference to the buyer's locality or income level. The other owner may be part of the social housing sector or an interest created by a developer who may have been required to provide such housing as part of securing permission for a larger development. 3.7. The valuation issue will turn on the specific contractual provisions for the property in question. As this is normally offered to ease access to the housing market, the purchaser's share is likely to be accepted to be the equivalent proportion of the Market Value of the whole dwelling (without discount) as the other owner is likely to be supportive of the scheme and occupation is not shared with a third party. However, the value of the whole property may be reduced if the arrangement is in breach of standard covenants for mortgage lending, thereby limiting finance European Valuation Standards 2020 IV. - EVIP 3: Multiple Interests in Residential Property 259 for purchasers, especially where the property can only be bought by someone meeting certain approved criteria. 3.8. Collective ownership of several dwellings — This will most commonly arise for a block of apartments with ancillary common and service areas where each dwelling may have an 'owner' with transferable rights but the owners may be collectively involved in the management or ownership of the larger block. 3.9. Shares in a company owning residential property — Residential property, whether a single dwelling or a portfolio, may be owned by a company. While that company may buy or sell residential properties in the same way as any other owner, the property held by the company can (with any other activities it may have) be sold by selling company shares. There may be situations where this structure is a useful means of managing ownership within families, handling inheritance issues, is suit- able for taxation or answers other objectives. 3.10. When asked to value shares in such a company, the valuer is considering the com- pany's value (rather than just the assets held by it) and then the ability of the share- holding in question to secure that value. Subject to national law on companies, the main options are: • One person owns all the shares. That person's interest is effectively the value of the company; • Where one shareholder has enough voting shares to resolve on the liquidation of the company they may usually have direct access to their fraction of that value after allowing for any further obligations to minority shareholders; • Where the shareholding is sufficient to give management control, but not to liq- uidate the company, it has secure control over the income but not the ultimate ability to secure full value; • Shareholdings below that figure may have some control through combinations with other shareholdings but the smaller they are, the more their value will turn on the income they can receive; • Where a shareholding is too small to block the liquidation of the company then its value will be little more than that of the income it can earn. 3.11. Statutory protection of other persons' rights in the house — The law may inter- vene to protect the interests of other occupiers in the dwelling in ways that may affect its value. 260 IV. - EVIP 3: Multiple Interests in Residential Property European Valuation Standards 2020 3.12. A common example of this is a house lived in by a married couple but which is owned by just one of them. National law may give the other party rights to occupa- tion which may override other claims. That might be relevant where only the owner is party to a mortgage secured on the house and the lender is seeking possession. Different national jurisdictions may offer potential claims to other family members and co-habitees. 3.13. National law for residential tenancies may create similar claims in the context of tenancies. 3.14. Some countries with turbulent histories may still allow claims to properties by former owners and their heirs. 4. Tenancies and other rights 4.1. Tenancies — There can be multiple layers of ownership where a property is subject to one or more tenancies. Depending on the tenancy agreement and the legal regime governing it, that may: • Affect the value of ownership, sometimes depreciating it and sometimes making it attractive as an investment; • Create a value for the tenancy, especially where it is long term or secure, trans- ferable and at a below-Market Rent; • Require valuations where the landlord might buy out the tenant; • Require valuations where the tenant might buy out the landlord or seek an ex- tended tenancy. In some countries and in some circumstances, national legislation may bear on transactions in tenancies. 4.2. While a tenancy may usually be for the occupation of a dwelling, there is a range of possible structures, including: • A very long lease of land so that a dwelling or dwellings may be built; • A tenancy or tenancies intervening between the ultimate property owner and the tenancy giving occupation, whether to suit differing family or financial in- terests or as means of managing a collective block of property. European Valuation Standards 2020 IV. - EVIP 3: Multiple Interests in Residential Property 261 4.3. Where a tenancy is held by more than one person, national laws may make differ- ent provisions for the situation where one joint tenant wishes to leave the tenancy. The law may either end the whole tenancy or leave the other joint tenants with the tenancy, its benefits and liabilities. 4.4. For the purposes of valuation, the owner's interest in the tenancy will usually be seen as an investment interest unless the tenancy is very close to its end and at a Market Rent. There will often be evidence of market sales of similar investment properties that can be analysed to assist this valuation, directly as to value but also illustrating yield. The valuer should usually consider the expectations as to opportunities for vacant possession. 4.5. Where the tenancy is long term, either by contract or law, and the rent is below a current Market Rent, the landlord's interest in the property may have a lesser value as an investment: • The present rent may be lower than a Market Rent (but could be more secure); • The reversion to vacant possession is more remote (and potentially uncertain). 4.6. There may be a need to value the tenant's interest. This can call for care in under- standing whether this is to be: • A Market Value of the tenant's interest; • A valuation for a transaction between the tenant and the landlord, so consider- ing special value and especially marriage value (also known as synergistic value). 4.7. The value of the tenant's interest will be most obvious where the tenant has the ability to assign the tenancy for value with the potential for analysable compara- bles. This will, in principle, usually turn on the extent to which: • The property is let at less than a Market Rent, as it might be where the rent is an old one without the means for it to be reviewed, is depressed by official rent control or where the tenant has improved the property with his work disregard- ed at a review; • How long that is expected to be the case. The difference between the actual rent and the Market Rent can then be capital- ised at an appropriate rate to give the premium that a bidder would pay to have that tenancy rather than another one of an equivalent property at a Market Rent. That figure might then be adjusted for other factors such as any end of tenancy 262 IV. - EVIP 3: Multiple Interests in Residential Property European Valuation Standards 2020 claims between the parties, as for dilapidations. The result of that assessment is what the market might expect to be paid for that tenancy as an asset. 4.8. However, the particular relationship of landlord and tenant can create a situation where it may be to their mutual interest to unlock value between them. This is most likely to arise where the investment value is below the vacant possession value of the dwelling. The difference between the two, called the vacant posses- sion premium, can be unlocked by either party buying the other's interest and so uniting both ownership and occupation. The practical question of how that premium is divided between them will reflect the balance of motivations and cir- cumstances in the case in question. Does the landlord desperately need to raise money or have non-financial reasons to gain possession? Does the property suit the tenant so well that he/she would prefer to be there with ownership control than anywhere else? Is the tenant likely to leave or die anyway? There is no necessary reason for the value of the premium to be divided equally between them and so this is a value to be found in the circumstances. 4.9. Such an assessment can see more value unlocked where the departure of a long term tenant might enable valuable redevelopment of the property, whether divid- ing a larger house into flats or a more comprehensive project. The approach would be the same but the value and motivations involved might be greater. 4.10. Development tenancies — An owner of a dilapidated property who cannot afford to renovate it but does not wish to sell it can have the option of leasing the property on terms requiring renovation by the tenant typically compensated by a low rent and/or a long lease. 4.11. Multiple tenancies in one dwelling — There are circumstances where a landowner may grant a long lease to a developer to build housing. The developer then sells the houses or flats on with long sub-leases which are re-saleable in the market place. The developer may then retain or sell the head lease, whether to an investor or a body that will manage the property on behalf of sub-tenants (national legislation may prescribe structures for this). 4.12. Valuation of long residential leases — Such leases for residential occupation may be for such a length of time and so transferable that they may have much of the practical character of ownership albeit subject to a rent (whether nominal or sub- stantial) and other restrictions. European Valuation Standards 2020 IV. - EVIP 3: Multiple Interests in Residential Property 263 4.13. This creates valuation issues such as: • Valuing the interest of the ultimate owner, with a long term right to a very secure, often low (but sometimes increasing) rent and the ultimate reversion; • Valuing the head tenancy with its income from the usually still low rents but perhaps also liabilities to the property, whether just to the common parts of the estate or more generally. The levels of those sub-rents will reflect market circumstances in that a developer will usually want capital receipts to make an immediate profit to cover costs, rather than a longer term income stream. Capital receipts are maximised by setting the rents for the long term house leases at low values. Higher rents would reduce the ability of the purchasers of the sub-leases to buy with mortgage finance and that liability would directly reduce their free income to repay the mortgage; • Valuing the residential leases as time passes for everything from sale or re-mortgage to divorce or lease extension. The issues become more critical as the remaining term of the lease reduces with time. That effect is enhanced in markets where residential values are reliant on mortgage finance. Where prop- erties are more likely to be bought by people who can buy outright, values can reflect their preferences more directly. As examples, it might be that: • If a residential lease has over 100 years left to run, its value may be very close to that of an ordinary freehold; • If it has less than 30 years to run, any buyer knows that the resale value will fall shortly and so bid less themselves; • Where the purchase is likely to be assisted by a mortgage secured on the lease, then the mortgage company's concern for its security will reduce the sum it will offer as the outstanding term of the lease falls below, say, 80 years left to run. With mortgage lasting say 25 years, the lender is interested in the potential for resale throughout that period. Those concerns will then have a wider effect for properties in markets influenced by mortgage finance. 4.14. That can lead such a tenant to want to negotiate with the landlord for a new or ex- tended lease, whether within any statutory framework or otherwise. Valuations of the various interests involved will be important to those negotiations. 4.15. There may be particular national structures for long residential leases, such as the amphythéose in France, and they may more generally be governed by specific national legislation. 264 IV. - EVIP 3: Multiple Interests in Residential Property European Valuation Standards 2020 4.16. Rental Value — While the situations discussed here commonly assume an arrange- ment at an agreed rent between parties acting independently of each other, there may be cases where tax law will require the assessment of a Market Rent between Download 1.74 Mb. Do'stlaringiz bilan baham: |
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