Even if I buy the leasehold it won't affect the restrictive covenants?

MissTasmanian

This is Northern Ireland if that changes anything.

I've been looking at a lovely house and everything seemed to be progressing smoothly until I received an email from my solicitor that he'd received some concerning details about the leasehold.

The leasehold is incredibly restrictive and limits everything from drying clothes outside to painting your house, but what is most concerning to me is it prevents you doing any building work without the landholder's permission, who presumably will charge you an awful lot for the privilege.

I was hoping though that it wouldn't be an issue as I could buy the leasehold for about £300, which when you're talking about thousands for a house really doesn't seem too bad, but my solicitor explained that even if I purchase the leasehold the covenants would remain.

This seems bizarre to me how can someone restrict your use of a property if they've no further stake in it? Also, as I would have considered extending the house in the future this creates a problem for me and I am wondering if I should renegotiate or pull out.

G_M

MissTasmanian wrote: »

This is Northern Ireland if that changes anything.
It might - I don't know

The leasehold is incredibly restrictive and limits everything from drying clothes outside to painting your house, but what is most concerning to me is it prevents you doing any building work without the landholder's permission, who presumably will charge you an awful lot for the privilege.
'landholder'? Is that a N Ireland term? Or 'Freeholder'?

I was hoping though that it wouldn't be an issue as I could buy the leasehold (freehold?) for about £300, which when you're talking about thousands for a house really doesn't seem too bad, but my solicitor explained that even if I purchase the leasehold (freehold?) the covenants would remain.

This seems bizarre to me how can someone restrict your use of a property if they've no further stake in it? Also, as I would have considered extending the house in the future this creates a problem for me and I am wondering if I should renegotiate or pull out.

You need to
a) use accurate terminology
b) quote the relevant clauses in the lease/other documents

if you want meaningful responses

However, if the lease says that you need the freeholders' consent to do building work, and you own the freehold, then you can easily grant yourself consent.

But if the restrictions (washing lines, painting etc) are for the benefit of others eg owners of neighboring properties, then they could enforce the covenants.

Without reading the documents we cannot advise (though your solicitor can).

cattie

It is perfectly normal for all leaseholders to have to seek freeholders permission before carrying out any building work or making alterations to the property. Why your solicitor is concerned about this & the other things you've mentioned sounds rather ridiculous. Surely if they've handled leasehold conveyancing before they would be very familiar with this.:question:

Restrictions regarding hanging washing outside, painting the property etc. are also reasonably common. One property I owned stated that freeholders permission should be sought on paint colours prior to redecorating rooms. Nobody ever did this as the original lease had been drawn up many years before & not something our freeholder was concerned with.

Leases often stipulate that good quality carpets must be fitted, this is to limit any noise transference to people living below.

If you purchased an extended lease or share of freehold in the future, then yes restrictions in the original lease will still stand. If you are in fact buying a leasehold house rather than a flat, and in the future decide to purchase the freehold, then the lease will be meaningless as you will then be the freeholder & can make your own choices, planning consent etc. permitting.

Harryp_24

MissTasmanian wrote: »

This is Northern Ireland if that changes anything.

I've been looking at a lovely house and everything seemed to be progressing smoothly until I received an email from my solicitor that he'd received some concerning details about the leasehold.

The leasehold is incredibly restrictive and limits everything from drying clothes outside to painting your house, but what is most concerning to me is it prevents you doing any building work without the landholder's permission, who presumably will charge you an awful lot for the privilege.

I was hoping though that it wouldn't be an issue as I could buy the leasehold for about £300, which when you're talking about thousands for a house really doesn't seem too bad, but my solicitor explained that even if I purchase the leasehold the covenants would remain.

This seems bizarre to me how can someone restrict your use of a property if they've no further stake in it? Also, as I would have considered extending the house in the future this creates a problem for me and I am wondering if I should renegotiate or pull out.

I believe almost all leaseholders will need permission to change something, after all your basically renting the property off the freeholder, However if you can buy the leasehold for £300 then you can do what you want, i think, dont quote me on that.

MissTasmanian

Sorry, I should have clarified this is for a detached house and not a flat. So these restrictions are perhaps a tad more unreasonable?

And yes G_M I meant Freehold not leasehold, and I do know the terminology just a slip up on my part.

What am concerned about this is that the solicitor insists that even if I own the freehold I can't build without the landholder's permission.

NeilCr

Are you on an estate? Are there are other houses around with the same covenants?

I live on an estate and have a freehold house (not NI) and there are quite a lot of covenants here. We are the freeholders of the land, too

They can be frustrating but, as we are on an estate, I do understand the reasoning

MissTasmanian

No not an estate and with quite large areas around each house (which was why I liked the place.)

Is there any way at all to remove the covenants? I just don't want to pay out my nose for planning permission from a landowner or face some sort of fine for running a business from my home or having a caravan or campervan in my driveway.

kingstreet

Is there anyone around to actually enforce these covenants and looking around, does it appear they are being followed, or is there any degree of them being ignored?

MissTasmanian

Supposedly the reason for a lot of these over-zealous restrictions is that the property developer who created these properties in the 1970s guaranteed themselves an income in fines.

I heard that some poor elderly couple who built an extension with planning permission and without the extension even being visible from the road were threatened with court action (unless they paid up) because the developer saw the extension on google maps!

NeilCr

MissTasmanian wrote: »

No not an estate and with quite large areas around each house (which was why I liked the place.)

Is there any way at all to remove the covenants? I just don't want to pay out my nose for planning permission from a landowner or face some sort of fine for running a business from my home or having a caravan or campervan in my driveway.

Okay

Not an estate but you did mention properties in a later post. So likely they have covenants, too, and you might find a neighbour who objects to something you do

Practically, people aren't bothered by covenants if they are not affected. There have been a few threads on this board where there has been discussions about running a business from home. That happens here - and there is a covenant - but the only time there has been hassle is when people visiting a business (child minding) have interfered with other residents parking

Fwiw my reaction is that you should move on and not buy this property. The covenants clearly worry you and afaik they are not easily removed - especially, if other properties around have thenpm, too

societys_child

MissTasmanian wrote: »

Supposedly the reason for a lot of these over-zealous restrictions is that the property developer who created these properties in the 1970s guaranteed themselves an income in fines.

I heard that some poor elderly couple who built an extension with planning permission and without the extension even being visible from the road were threatened with court action (unless they paid up) because the developer saw the extension on google maps!

You could be right, he's [STRIKE]spying[/STRIKE] keeping an eye on you, using google.