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Freehold House, Leasehold Garage

Hi,

My fiance and I am currently in the throws of purchasing our first house & property overall.

I had our offer accepted at the end of January, which was £2K over the asking price; it is terraced, with flats overlooking, no front, 2 bed, 2 bathroom, kitchen, lounge/diner, tiny garden & communal drive at the back. It was sold with a garage too, at the back, across the communal drive with a flat above, which was the main reason my fiance loved it and we went ahead.

I feel like this has drained me of all happiness in the last few weeks and feel like everything has been an issue. I was told after we started the process that we would have to pay a maintenance fee for the drive, which we quickly got over. However, now, I have been told the garage is leasehold.

I feel quite stupid as I had a feeling this would be the case once we received the first set of contracts which I queried as the garage was not included. It has taken 5 weeks for them to get any further paperwork over to my solicitors to check through and now she has a 'considerable' amount to look through.

We have paid what I think is too much for this property, now it seems like we were missold completely. I have emailed the estate agent asking if they knew, which they will no doubt lie to me they didn't anyway (I have had run ins in the last few weeks with them over their sloppy professionalism).

What can I do now? Do I lower our offer now? This is the first time I have ever done this, and I am worried we will never get out and into our own place!!!
«1

Comments

  • Guest101
    Guest101 Posts: 15,764 Forumite
    well how long is the lease for?
  • My solicitors haven't told me yet. I don't know when I will receive any paperwork back as I have been waiting 5 weeks for the amended lot.
  • hazyjo
    hazyjo Posts: 15,476 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I had the same set-up with my last house. I wouldn't say it devalues it at all. So long as the garage is linked with the house on paper somehow, it really doesn't matter. Ours had not been included on the plans but was mentioned so the vendors had to sort out a deed of rectification. I expect it has 999 years on the lease or something.


    It's annoying that some associated things are leasehold these days, but as far as a separate garage is concerned, I'd really not worry too much.


    I would be making double-sure the house is FH though!


    Jx
    2024 wins: *must start comping again!*
  • hazyjo
    hazyjo Posts: 15,476 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Also, when you sell it, you will have to pay for a management pack - prob a few hundred quid.


    Just seen that you're in Essex - it's not my old house is it LOL:rotfl: (Warley, Brentwood)


    Jx
    2024 wins: *must start comping again!*
  • Yes, the house is def freehold! I'm just so disappointed as the estate agents have been really unprofessional and chasing me for information as they don't like my solicitor!

    If it won't make any difference to the value of the property then my fiance will be fine with it. It's in quite a well to do area and properties there are sought after so it will go fast when the time comes hopefully!

    Thank you for putting my mind at ease abit, I really appreciate it :)
  • I work in a business now who sell management packs for around £288.00!!

    Haha no, it's on the outskirts of Braintree/Boreham
  • Chanes
    Chanes Posts: 882 Forumite
    Ninth Anniversary 500 Posts Combo Breaker
    If there isn't a cast iron lease I would be wary, you don't own it and the Freeholder can sell it or increase charges. Make sure your Solicitor has experience of leases, they are sometimes tricky.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Chanes wrote: »
    If there isn't a cast iron lease I would be wary, you don't own it and the Freeholder can sell it or increase charges. Make sure your Solicitor has experience of leases, they are sometimes tricky.



    No, that's not how leases work.


    the freeholder can sell the freehold title, but the lease to the garage remains with the OP. Increased charges can be appeals, but generally charges SHOULD increase, as the costs of maintenance increase.
  • Is there an average cost for maintenance? I haven't been told a price for the drive yet and now we have this to contend with. My fiance has just seen the emails going back and forth and is spoiling for an argument with the estate agents for selling it as all in with the property.....
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Is there an average cost for maintenance? I haven't been told a price for the drive yet and now we have this to contend with. My fiance has just seen the emails going back and forth and is spoiling for an argument with the estate agents for selling it as all in with the property.....



    The estate agents isn't selling it though, just marketing.


    That said there is no set cost, but the amount is unlikely to be huge. Presumably it's made up of a sinking fund for the structure and maintenance for the road.
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