Have I done the right thing and/or annoyed the Estate Agent

Small_Yeti

Hello Everyone,

Please be gentle with me - I am a FTB and I just have no idea of the protocols here.

We viewed and offered full asking price for a flat we saw a while ago. Both myself and my husband completely fell in love with it and although it was leasehold and we knew there would be conditions we decided it was a good property for us so we went ahead.

After offering the full asking price two things happened. The first was that, after our offer was accepted, we were told that there was a prohibition on renting the property out. This isn't a problem in terms of the flat is for us and not an investment but my parents suffer from ill health and we are aware that at some point it may be necessary for us to move in temporarily. Because we couldn't rent it out we would be forced to either sell or leave the flat empty taking away possible time to review the situation. This wasn't a massive problem but it did give us pause for thought, not least of which because we offered full price based on the knowledge there were other viewing (which all turned out to be buy to let people who couldn't buy). Yes, we are naive first time buyers and so I feel we got fleeced into offering a higher price than we would have done had we known this market was excluded but we offered what we did and that was it so we would honour this.

However, next we established that there was an issue with one of the bedrooms. A large area of floor is unusable, which they had put in a cupboard. I appreciate why they did this and fair enough but it limits what we could do with the room.

We were definitively told at the viewing that the loft space was included in the lease (and it is on the particulars as included) and some discussion was had with regards to conversion. It wasn't going to be automatically given but the possibility was there in the future. On receipt of the lease it turns out the loft space isn't included and this is quite a big problem for us - it definitely reduces the value of the place.

However the final nail in the coffin is the lease. It is really prohibitive in terms of expectations of what you should do in the property. Now we don't live by slobs and we are really considerate neighbours but this has really cheesed me off. There are demands on how often we have to clean inside the flat and how often we have to redecorate and allowance for the landlord to inspect for no reason so long as they provide seven days notice. No singing (no kidding!) or music to be heard outside the flat or downstairs (I mean we are quiet but how would you know for sure). Ability to grant permission for a pet but the proviso they can withdraw permission at any time for any reason (so get attached to your pet, wind changes, landlord decides otherwise and you have to say goodbye). I really can't stress how considerate we are as neighbours, we'd definitely not be noisy and keep our place clean but honestly it's more strict than my current rental agreement. Also I would like to adopt a dog at some point and that clause makes me really nervous as I would like a rescue animal and, from having them in the past, they can take a couple of months to calm and rehabilitate if they've had a bad time. I think they'd be fine but I couldn't take the chance.

So I emailed the agent this morning and explained we had reservations and would like to see the flat again, another property that was on their books that we are/were interested in and that we would speak with our Solicitor, discuss ourselves and provide a definite answer on Monday as to whether the property would or would not be right for us. That way we've not panicked and had an immediate reaction but we are not stringing everyone along either. The last thing I want to do is be dishonest and I feel bad - the sellers will be proceeding with their purchase (it is a holiday home so they will at least not be homeless) but I have to be honest and my gut is telling me this property is not right for us and we should go for the freehold house.

Have I done the right thing by emailing the agent and expressing doubts? He's not responded and I suspect he is really annoyed with us but what could we do? I'm worried we're overreacting about the lease but I'm deeply uncomfortable with it and lastly the floor space/loft space issue is quite big.

We're heartbroken because we loved the flat so I'm really just in need of some reassurance I have done the right thing.

iantojones40

You've done nothing wrong at all.

If the agent is playing games and trying to guilt trip you by not getting back to you it appears to be working, don't fall for it!

david1951

Lease agreements like that are quite common (including all the cleaning/decorating clauses) and in reality just give the freeholder an option when it comes to dealing with problem leaseholders that make a huge mess, for example.

Sounds like you won't be so I wouldn't worry about that.

When dealing with the estate agent, say that you are concerned about the loft space as you were told it was included (was that in writing?). Don't be vague and say you "have doubts", just say you will need to recalculate based on the reduction in space. Be assertive and don't worry about annoying him.

Try to be more decisive. Do you want it at the current price or not?

stator

Don't worry about estate agents, they've seen/heard it all and they shouldn't be your concern. You can pull out at any time for any reason until exchange of contracts and they know that.
Even though they pretend to be really helpful and caring they don't care about you. They are not looking out for you and you shouldn't worry at all about pulling out if the house isn't what you want.
Try to be clear and honest though because the next house/flat you want to see might also be on their books.

Small_Yeti

Thanks to both of you for replying

I was very clear with the agent in my email to him this morning. I explained that we'd reviewed the lease and that the loft is not included in it. I referenced our conversation with him when he stated that it was and we discussed the possibility of conversion. To be fair to him I do think he's been told by the sellers that it is included as he referenced a conversation he'd had with them. Yes I know estate agents can say many things but gut feeling is that this will be news to him also - as indeed may be the news about the floor in the second bedroom.

I explained that we'd had some reservations about the lease and that I am a stickler for legal stuff (I've actually passed a ton of professional legal exams for my job and got distinctions in the lot so I'm particularly aware of the law!). However, I focused on the revised floor area as being the issue.

If I'm honest the pets clause is the biggie for me. We can't have kids and at some point more appropriate we would like to adopt a small furry creature and give it a home.

My gut feeling is that the flat is not for us. I'll never be able to not think about the clauses and that it is not really "ours" whereas a freehold would be. The floor space and loft is actually the biggest concern. The flat is only small and both make a huge difference to actual use. We definitely want a dog and don't want to worry we'll get told to re-home it. However, I don't want to have a panicked reaction and decide without giving it a couple of days to mull over, think about calmly and view the flat again to assess the actual impact these changes make. I think, if nothing else, it is the very least I owe the sellers rather than flippantly put them through the mill of having to put it back on the market again.

I should have said that the building was originally a large house that got split and the freeholder is the lady in the flat downstairs who obviously owned the whole property at one time. Hence quite a lot of restrictive clauses on what she'll tolerate in the flat (e.g. no equipment that vibrates or can be heard downstairs - which kind of concerns me re the washing machine and my sewing machine!).

DigForVictory

The restrictive practices make sense with the original owner in the flat downstairs but ye gods this is a UK flat not a German one. (Google kerwoche & you'll see what I mean!)

Anyone trying to tell me how often I must clean will loose a buyer. If it's to be My place, it & I will agree My rules. If the vendor insists on potentially no pets, no standard white goods and possibly no sewing machine? Me headed for the horizon and other flat viewings.

Sorry, but I'd be giving the estate agent a much shorter simpler message - "too restrictive, what else do you have?"

Small_Yeti

OK I called the agent as I couldn't wait any longer. He has definitely got the email and has been trying to get a hold of the sellers all day. As I suspected it appears this is news to him. Ultimately I think he could have emailed back and acknowledged receipt but either way we'll decide by Monday. Preferably with another viewing on the flat and the freehold house that is on their books first!

copperjar

Sounds to me like you know this isn't right for you deep down. Don't feel guilty, it's a life changing purchase and it's got to feel (and be!) right. You would probably be more decisive at saying no to a new car/washing machine/TV if it didn't meet all your requirements (you're anything like me!)

glasgowdan

Try to stop being so emotional about all of this. Stop worrying about annoying people, and stop being so meek about it all. Make some damned demands!

Given the things you've listed above, I'd either slash my offer by a huge amount (20%) or walk away without considering an offer. What do you mean bedroom floor space is unusable? No loft space? No renting? Vague terms regarding pets, and everything else means the seller is going to find it hard to sell, and if YOU ever want to sell you'll find it very hard indeed.

warby68

There are too many things you are uncomfortable with.

Your anxiety about the conditions is coming through loud and clear

I think you need to simply pull out for the main reason - too many restrictions. Certainly don't let the agent run round trying to sort the loft issue when it isn't even the main one.

There is nothing wrong with the truth here.

If you were a tougher sounding sort and prepared to chance the enforceability of the conditions, I'd say consider a much lower offer but I really don't think that's you.

Smodlet

I can't believe this is real! This is a flat for sale with more restrictive conditions than any rental I have ever heard of? In the grand scheme of things, I can sort of see a point but talk about catering to the lowest common denominator! "No singing"? The hell with that. If there were a tenancy agreement that stipulated, "no slamming of doors/windows, no domestic violence, no screaming/shouting" I would do a freaking cheer a la the Saintsations, were it applied to the rental next door to us.

Since you are buying, OP, seriously, why settle for a flat? There is no substitute for a freehold house... And then you can sing your little heart out, why shouldn't you? Provided it is at a reasonable volume at a reasonable time of day, with the windows shut, no-one should even hear you... "If you change your mind, I'm the first in line" :rotfl:

Best of luck to ya.