Nasty surprises with leasehold charges?

Nasty surprises with leasehold charges?

0:01 AM, 4th January 2024, About 11 months ago 29

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Hello, my daughter is about to buy her first property and, unfortunately, due to property prices and mortgage availability, she will have to go leasehold, which is something we have no experience of.

We have heard a lot of horror stories of leaseholders being charged many thousands for unexpected improvement works done on the building, for example, window or roof replacements.

How common are these occurrences, and is there anything we can do to mitigate the risk? Is it better to avoid leasehold altogether for this reason?

Thanks,

ES


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NewYorkie

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14:46 PM, 6th January 2024, About 11 months ago

Reply to the comment left by BRACKS Mead at 06/01/2024 - 09:45
If you own your own house, you will not be hit with e.g. huge fire safety bills.

Shining Wit

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16:11 PM, 6th January 2024, About 11 months ago

Reply to the comment left by Judith Wordsworth at 05/01/2024 - 20:59
OP explained the situation: Daughter, a First Time Buyer is looking to buy a property. They (collectively) have no experience of leasehold properties - but have heard lots of horror stories. They asked for our views.

There have been a lot of positive opinions expressed by others who have more experience than I do of leasehold properties - probably as part of large/larger portfolios.
I accept that it is possible to get a good LH property, at a good price. It could still come with a 'sting in the tail'.

I assumed that they are looking for a PPR, rather than a BTL property - and that, as 'novices' there is a risk that they might 'buy a lemon', or end up subject to high/ever increasing management/Service Charges. GR will be documented in the lease, SC are an unknown - especially with the Building Safety/Cladding Scandal -and also massive insurance hikes. There can also be unpleasant surprises on what you can and can't do with (what you thought was) your home. Not all Freeholders/Management Companies are a pleasure to work with!

Caveat Emptor definitely applies. But remember you're buying a lease - not a property.

My opinion was and (despite the words of wisdom from others) still is:
Be very careful or, better still, walk away and look for a freehold.

Good luck.

Southern Boyuk

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23:06 PM, 6th January 2024, About 11 months ago

Reply to the comment left by NewYorkie at 06/01/2024 - 14:46
If you own your own house and it’s freehold, you are correct, but if you own a flat in a block of flats and you are incorrect.

NewYorkie

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11:44 AM, 7th January 2024, About 11 months ago

Reply to the comment left by Southern Boyuk at 06/01/2024 - 23:06
Not many 'own' a flat in a block of flats.

Kizzie

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13:37 PM, 7th January 2024, About 11 months ago

Are you thinking of leasehold with share in freehold reversion interest held in a residents management company in which each leaseholder owns a registered paid up share in the Freehold man. co.

Each LH has 2 roles 1. As shareholder to comply with memorandum & articles and companies act 2006 and must work together with the other freeholders to ensure the company remains viable and 2. As lessees under terms of their lease to their flat.
As shareholders hold freeholder liabilities for structural repairs and block insurance and separately as lessees comply with legal covenants in the lease contract.

Ian Narbeth

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16:58 PM, 8th January 2024, About 11 months ago

Reply to the comment left by Kizzie at 06/01/2024 - 13:04
Kizzie, I don't know what leases you are looking at but you are quite wrong to say: "Most don’t cover roof and other structural repairs.

This falls on the freeholder and not recoverable out of service charge.

Freeholders must have block insurance cover for this type of eventuality"

If the lease does not cover "roof and other structural repairs" it is defective and the buyer should not proceed. The leaseholder will not be directly liable but the freeholder will carry out the work. The freeholder will be able to recover the cost of such repairs via the service charge. Otherwise, the freeholder will be out of pocket and writing out blank cheques to benefit the leaseholders!

The block insurance emphatically will not cover repairs. It covers property damage, not normal maintenance and repair.

You seem to be confusing long leases with ASTs.

Kizzie

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18:00 PM, 8th January 2024, About 11 months ago

Sorry you are incorrect. Under section 18 of landlord and tenant act service charge applies to a dwelling and is a contribution to landlord/lessor costs written in the leaseholders lease. If it’s not a cost written into the lease a legally binding contract then it’s not an allowable cost to service charge. A lease only covers the interior of a flat. Other costs not allowed in a lease is a liability on the freeholder.
Where a Residents Man. Co. holds the freehold interest then the Leaseholders who own the company as shareholders are freeholders as joint tenants bear liability for structural repairs. This is not the section 18 service charge in the leases to be held in a section 42 trust/client account.
Structural repairs liability is joint action by leaseholders in their role as freeholders running the Residents Man. Co.

Kizzie

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18:13 PM, 8th January 2024, About 11 months ago

See Morshead Mansions Ltd v Di Marco (2014) EWCA Civ 96

Ian Narbeth

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20:34 PM, 8th January 2024, About 11 months ago

Reply to the comment left by Kizzie at 08/01/2024 - 18:00
Kizzie
A little learning is a dangerous thing. There is nothing in the OP's post to suggest that the lease does not allow recovery of costs of repair to the roof and structure. The OP is inexperienced. Your posts are highly misleading.and offer a false sense of security.

From a quick look at Morshead, I cannot see how it supports your argument.

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