Maisonette Over Garages

anon_private · 24 February 2018 at 3:04AM

I have been looking at a freehold maisonette - flat

The accommodation consists of the whole top floor, over three garages (each garage can contain one car). One of the garages belongs to the maisonette. There are no other flats in the building. The building is detached

I have not seen accommodation like this before I am wondering if there are any disadvantages of this type of accommodation as a permanent residence.

For example, any maintenance that might be necessary to the wall might well involve builders having to erect structures on other people's allocated parking bays - in front of their garages.

I am also wondering about the ease of selling the flat in the future. The flat is freehold, but two of the three garages underneath the flat belong to other people. I wonder how building societies would consider this type of structure in respect of mortgages.

Further, the ceilings of the other two garages and the upper structures might present an ownership problem in respect of any repairs.

Are my concerns unfounded

Let me know what you think?

Thanks

UK resident

franklee · 24 February 2018 at 3:42AM

These are often called coach houses.

You need to find out how the garages are owned.

Is it a newish build? Round here the new builds are freehold coach houses with leasehold garages beneath, the coach house owner being the freeholder and responsible for insuring the garages.

They come up quite a lot on here e.g. some threads that shows some of the issues to consider:

Coach House Insurance
http://forums.moneysavingexpert.com/showthread.php?t=5661712&highlight=coach+house

living in a coach flat above garages
http://forums.moneysavingexpert.com/showthread.php?t=1867671&highlight=coach

Leased garage (Naughty neighbors)
http://forums.moneysavingexpert.com/showthread.php?t=5777080&highlight=coach+house

Freehold house, leasehold garage - sign disclaimer?
http://forums.moneysavingexpert.com/showthread.php?t=5768558&highlight=coach+house

Garage is apparently leasehold
http://forums.moneysavingexpert.com/showthread.php?t=4987496&highlight=coach

New 2 Bedroom House/Flat Above 3 Garages - Why?
http://forums.moneysavingexpert.com/showthread.php?t=4819055&highlight=coach

eddddy · 24 February 2018 at 11:22AM

anon_private wrote: »

For example, any maintenance that might be necessary to the wall might well involve builders having to erect structures on other people's allocated parking bays - in front of their garages.

It sounds like you will be the freeholder of the building, and two other people will each own a garage as leasehold.

You need to read the leases to answer the above question. Hopefully, it will explain what your rights are in that respect.

anon_private wrote: »

Further, the ceilings of the other two garages and the upper structures might present an ownership problem in respect of any repairs.

Again you need to read the leases.

As freeholder, there may be some parts of the structure which you are responsible for maintaining and repairing, but the leaseholders have to reimburse you for.

Similarly, they may have to contribute to your insurance bill.

anon_private wrote: »

Thanks

UK resident

All the comments above assume that you are in England or Wales.

anon_private · 27 February 2018 at 12:09PM

I have contacted the estate agent who tells me that:

'The owner of the coach house will own the freehold for the other garages, and the garages will have separate leases'

Looks like I would be responsible for repairs/maintenance, etc.

A disadvantage - not to mention collecting insurance monies

TBagpuss · 27 February 2018 at 1:37PM

It would depend on the terms of the lease whaether you were resposbible for repairs.

This kind of flat would be harder to sell than a more standard one, and probably harder to find a mortgage for. Being over garages you may find that it is harder / more expensive to heat as the floor is, effectively, an outside wall.

That said, I would expect those issues to be reflected in the price, and so you may get more space than you would in an ordinary flat, and less risk of nuisance neighbours.

I think the key would be to ask lots of questions and get plenty of advice so you were very clear about exactly what you would and wouldn't be responsible for, and talk to mortgage broker about how easy it is likely to be for you to get a mortgage, bearing in mind that if it requires a lot of shopping around, that will also be true when you come to sell.

franklee · 27 February 2018 at 3:03PM

anon_private wrote: »

I have contacted the estate agent who tells me that:

'The owner of the coach house will own the freehold for the other garages, and the garages will have separate leases'

Looks like I would be responsible for repairs/maintenance, etc.

A disadvantage - not to mention collecting insurance monies

I'd guess you would be responsible for organising repairs, maintenance and insurance but could collect a portion of the cost from the garage leaseholders. Suggest you ask for a copy of the lease, see what it says.

Richard_Webster · 27 February 2018 at 4:34PM

You should get a mortgage because you will own the freehold of the whole building. Freehold flats are those where there are separate freeholds for different flats in the same building - and you cannot enforce freehold covenants against a neighbour merely because they live above or below you or next door.

So do not tell the lender or broker you are buying a freehold flat because without further explanation they will not understand the position and may reject your application.

However, I do agree that there are significant problems in being a landlord for the garages beneath. It will depend on the terms of the leases but generally getting the cost of insurance and maintenance/repair off the lessees of the garages can be difficult.

anon_private · 5 March 2018 at 4:21PM

Interestingly, on this estate there is another, and identical property, but the flat and garage are leasehold.

I am wondering if leasehold is better because it avoids the possible legal issues associated with being a freeholder

eddddy · 5 March 2018 at 5:33PM

anon_private wrote: »

Interestingly, on this estate there is another, and identical property, but the flat and garage are leasehold.

I am wondering if leasehold is better because it avoids the possible legal issues associated with being a freeholder

That may have been done to make getting a mortgage easier.

i.e. Somebody might have bought the freehold - perhaps in the name of a company - and then granted themselves a leasehold (with a mortgage on the leasehold).

You could do the same, but you would still have all the responsibilities of being a freeholder.

anon_private · 7 March 2018 at 3:59PM

If two properties (coach houses with garages beneath) are very similar one being leasehold and the other being freehold. I wonder which is the better buy

Tegi · 10 December 2018 at 12:01PM

I am in a similar situation so posting on this thread in the hope that someone can help!

We are in the process of buying a coach house above 3 garages. One of the garages belongs to the coach house (not leased). The other 2 are for another house - they are leased on a 999 year lease which is referred to in the titled deeds of the house we are buying.

The lease agreement for the 2 garages is in the name of the original builders, not the current owner of the coach house.

Our solicitor believes the lease of the 2 garages should not be referred to in the coach house title deeds, as they do not belong to the property.

I can't find much information about the impact on title deeds of this kind of arrangement, and cannot work out if this is typical or would cause any issue in future if we did buy the coach house. The sellors solicitors do not seem to be able to explain it either or to convince our solicitor that this is ok. We are being advised not to proceed with the purchase.

Any help/advise would be greatly appreciated! Thanks

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Maisonette Over Garages

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