Legal Advice

AdrianC

PaulC5 wrote: »

Is that not what the Maintenance Charge is for at £186.73 per year?

That'll be the maintenance charge which leaseholders pay as part of their lease, then?

As a freeholder, they have no way to charge you, because they have no contract with you, because you own your plot, rather than having a right to live in part of their development.

PaulC5

libf wrote: »

In the current situation where all house owners are leaseholders, yes. In the situation where you all buy individual freeholds, then there is no-one left to maintain the unadopted areas.

So how can they charge both then?

Surely it's one or the other?

libf

PaulC5 wrote: »

So how can they charge both then?

Surely it's one or the other?

If you go ahead as things are now then everyone will pay the maintenance charge.

If everyone decided to try to buy their freehold, then there would be no-one to maintain the unadopted areas.

Both will not happen. One or the other will. The second sentence is the reason you cannot all just buy freeholds.

In my development there are no unadopted areas, so I can be a freeholder.

PaulC5

Something I will check with my solicitor but im told both payments are to be made.

The unadopted areas are only there because of planning rules which are imposed by the local council who in term charge you council tax at the same rate as everyone else but dont look after the common areas like other developments. Seems abit out of order.

libf

PaulC5 wrote: »

Something I will check with my solicitor but im told both payments are to be made.

The unadopted areas are only there because of planning rules which are imposed by the local council who in term charge you council tax at the same rate as everyone else but dont look after the common areas like other developments. Seems abit out of order.

You need to decide if this is enough to stop you from wanting to buy the property, as you are unlikely to be able to do anything to change the situation. So it's deal with it or walk away.

You also need to keep in mind that some elements you've mentioned (parking vans and satellite dishes) are not to do with the leasehold and you will get those sorts of covenants with freeholds too.

Re: council tax. You will still have your bins taken, use other roads which are council maintained, etc. It's your choice to buy in unadopted area.

wastedtalent

Both payments will be required. the maintenance charge for maintenance of the common areas, and the leasehold charge as the annual rent for the lease.

A lot of the covenant's, satellite dishes, vans etc. are often put in by builders to keep the place looking nice whilst they are trying to sell all the properties. chances are, once all have sold and they've moved on, they'll never come back and enforce them.

PaulC5

wastedtalent wrote: »

Both payments will be required. the maintenance charge for maintenance of the common areas, and the leasehold charge as the annual rent for the lease.

A lot of the covenant's, satellite dishes, vans etc. are often put in by builders to keep the place looking nice whilst they are trying to sell all the properties. chances are, once all have sold and they've moved on, they'll never come back and enforce them.

That's how I see the covenants too.

If the maintenance charge is to cover the common area then would buying the freehold for the land my house sits on be possible in this instance?

Best bet is to speak to my solicitor but I want go armed with the knowledge instead of thinking "I should of asked this" after I've put the phone down.

AdrianC

PaulC5 wrote: »

If the maintenance charge is to cover the common area then would buying the freehold for the land my house sits on be possible in this instance?

If you and your fellow leaseholders buy the freehold for the development, then you and they will all own a share in it. You will all need to figure a way to manage it, and you will all still be leaseholders - it's just that you will set the ground rent figures yourselves.

For you to buy the freehold for just your house, there would be a bunch of legal fees required to negotiate a split of your freehold from the current development freehold.

Frankly, if you are uncomfortable with the idea of your house not being freehold, you are buying the wrong house. Don't buy one thing and try to turn it into something different. Buy what you want in the first place.

PaulC5

I want that house on that plot, I'd rather not pay lease but will pay It but want to know what it's paying for, like wise the maintenance fee.

Would just like to know if it is possible to buy the freehold at the same time as buying the house, thinking it would save on legal fees and lease payments long term.

Exploring my option but if I don't know my options due to legal jargon then I'd feel I'm being misled!

Thanks for everybody's input so far.

PaulC5

AdrianC wrote: »

If you and your fellow leaseholders buy the freehold for the development, then you and they will all own a share in it. You will all need to figure a way to manage it, and you will all still be leaseholders - it's just that you will set the ground rent figures yourselves.

Why would you charge yourself to live on the plot of land you own?