Buying a leasehold flat - lease defects

starmix

Hello there, my solicitor has found 3 key defects in the lease of the flat I've had an offer accepted on:

Rights of access - no access to the forecourt
No parking rights - unallocated parking was advertised
Freeholder only has to re-build if there is a fire (solicitor would expect a broader range of conditions)

The seller is unwilling to consider a deed of variation on these points and has mentioned pulling out. My solicitor thinks the seller should address these points and cover the cost of the DoV.

Now obviously the owner has been able to access the forecourt and has used the car park with no issues for 12 years. Should I dig my heels in and risk losing the flat, or take a risk and learn to live with the defects?

Any advice appreciated

Gary123456790

Is this something that you can get an insurance policy to cover, for example if you ever lost access to the property/parking ?

davidmcn

Are you buying with a mortgage, and if so would your lender be prepared to take a view? If not then whatever you think is academic...

eddddy

starmix wrote: »

The seller is unwilling to consider a deed of variation on these points and has mentioned pulling out.

Do you mean car access to the forecourt for parking? Or pedestrian access for getting to and from the flat?


You may already realise this - but just to make sure...

It's not in the seller's power to unilaterally create a deed of variation. The freeholder would have to agree to it.

I guess the seller may not want to bring it to the attention of the freeholder that the seller is parking on the forecourt without permission.

And the freeholder may well want payment from the leaseholder for granting the future right to park on the forecourt.

Or it may be that the structure of other leases doesn't allow the freeholder to grant any new rights to park on the forecourt.

Tom99

Download the title to another flat in the block and compare it with the flat you are buying.
If a recent build what does the planning consent say about parking?
A relative bought just such a flat and after a couple of years the freeholder obtained planning consent to build houses on the 'car park'.