Can Bellway refuse to sell the freehold of a new build?

alex_163163

Really do your research if you do decide to buy this house! Make sure you understand the terms of the lease and how the ground rent increases - does it double or go up with inflation? Over what period of time?
Also check if buying the freehold actually removes any restictions you don't like in the lease? E.g. having to get permission to sell on, or for building conservatories. If none of the remaining covenants bother you then could be ok.
Also is there a service/ maintenance charge on the development? If so that fee they give you now could, and likely will rise according to how much 'work' the maintenance company have done over the year.
Reason I list all this is that my boyfriend and I recently pulled out of a leasehold property with a different developer due to all this.
In terms of your original question - no they do not have to sell it to you at the start. You can try negotiate but they can do what they want. After 2 years of owning a leasehold house (not a flat) you can apply to effectively force a sale of the freehold I believe, but it looks like it will be a very expensive process to yourself - you have to pay your legal and surveyor fees, and the freeholders from what I understand, as well as the agreed price for the freehold.
Sorry if this is a bit of a ramble and digressing from your original question, but make sure you understand all the info before signing on that contract! Seems like leasehold houses from new build developers will be the next big 'scandal'.

Katiejane13uk

They can refuse to sell the freehold and normally do. They do this as they want to sell 2 assets. The land and the house.

U r legally entitled to purchase the freehold but not until u have lived in the property for 2 yrs. However by this point the developer would of sold your freehold onto greedy 3rd party investments who want to make as much profit out of u as possible.

It's a national.scandal.

Don't buy leasehold. U will never own the property u will simply rent i for the duration of the lease.

I have set up the facebook national leasehold campaign group. Please join for lots more information.

stator

This is something you need to get in writing before you spend any money and then once your offer is accepted you need to make sure your solicitor knows that you are buying the freehold and won't accept anything less.

There may be some estates where most houses can buy the freehold but some can't. These houses where you can't buy the freehold may have a room that is over a shared driveway or alleyway or some other common shared area that means it's easier to keep it as leasehold.
Or it may be that the developer just likes to cash in by selling the freehold to a third party

rtho782

DO NOT buy this house.

Houses sold as leasehold are not done this way for your benefit. It WILL end in tears.

caprikid1

It all depends on the Terms !!.


My parents was fixed at £6 per year with no option for increase.


The leaseholder also has to request the money.