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Scottish holiday cabin purchase - owner wants cash from sale & income from rental!

I am wanting to buy a holiday home in Scotland and the seller has stated that if we want to use it for friends and family that is fine, but if we want to market it as a holiday home and use it as a business he must be retained as the 'Manager' and take a sizable cut of the profits - at least for the first couple of years. I understand he has 3 homes in total for sale and we bought one we would be in competition with him.

However, we are purchasing it as an investment with the hope of attracting holiday lets. It is a small collection of homes and I wouldn't want to fall out with a neighbour, but I am struggling to work out if this is legal. He isn't marketing this through an agency.

Has anyone come across this elsewhere or has any advice? He is clearly very business minded but I don't see how he can expect to benefit from the sale of the property AND get a regular income from it.
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Comments

  • kingstreet
    kingstreet Posts: 39,344 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    What exactly are you buying here? What's the tenure?
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • Own_My_Own
    Own_My_Own Posts: 6,098 Forumite
    Xmas Saver!
    I have no idea about the legal side, but personally I would tell him to do one.
    If he want money from letting it,he should not sell it.
  • Hi there! It is to be sold freehold and the property is a cabin. I understand that these particular cabins can be used throughout the year, not just for 11 months. The owners manage the site themselves but around two thirds have their cabins available as businesses. The seller owns three cabins and manages one other.
  • MissScot wrote: »
    Hi there! It is to be sold freehold and the property is a cabin. I understand that these particular cabins can be used throughout the year, not just for 11 months. The owners manage the site themselves but around two thirds have their cabins available as businesses. The seller owns three cabins and manages one other.

    I would walk away. Assuming you agree to this set-up, he will a) take a chunk of your profits and b) push customers to rent his own places and probably neglect yours (he gets 100% of his own rental income but only 25% or so of yours). If you talk him out of it and buy the place with no strings attached, he may not be best pleased. He will probably spend more time on the site than you, and I'd be worried about what the disgruntled vendor gets up to. Irritating your customers? Making life difficult for you?
  • JQ.
    JQ. Posts: 1,919 Forumite
    There's nothing illegal in what the vendor is proposing, so long as you both agree to the terms proposed and they are included in the contract.

    For the reasons stated above by others I wouldn't dream of entertaining such a proposal. Either he wants to sell it or he doesn't, what you do with it after you've bought it is up to you.
  • Buzby
    Buzby Posts: 8,275 Forumite
    Freehold is not a term used in Scotland (much), so I would fully expect the land to be part of a Feu, and either he (or you) would have a feudal superior, irrespective of your purchase, the land it sits on will probably not be yours.
  • olias
    olias Posts: 3,588 Forumite
    Not sure about cabins, but this is pretty normal for holiday static caravans. I have had four different family members have the same thing on four different managed sites and so it appears to be the norm.

    Olias
  • Buzby wrote: »
    I would fully expect the land to be part of a Feu, and either he (or you) would have a feudal superior, irrespective of your purchase, the land it sits on will probably not be yours.

    Was this not done away with under the Abolition of Feudal Tenure etc (Scotland) Act 2000?
  • Holiday cabins and static caravans are sold either leasehold or freehold in Scotland so we would own the cabin outright. Tellingly, the cabins have been on the market for more than 14 months so I suspect no-one is 'biting' for the very reasons listed above. The land is managed by all the owners but if this chap is a big personality I'd be nervous about buying any of the cabins, given the potential for him to make life difficult. Thanks for all your suggestions folks!
  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Buzby wrote: »
    Freehold is not a term used in Scotland (much), so I would fully expect the land to be part of a Feu, and either he (or you) would have a feudal superior, irrespective of your purchase, the land it sits on will probably not be yours.

    As previous poster says, this was done away with in a change of legislation.
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