Age restricted flats

ffiscool

hi, does anyone know if age restricted flats have to have a proportion that are not? I bought last year a flat for over 55s. There are 7 purpose built maisonettes in this development. One of the flats, I have just found out, does NOT have an age restriction in their lease. How is that ok when we share very small communal gardens? There is a young couple in there with two children under 5. They are talking about moving but I need to try to make sure another young family do not move in again. I really would never have bought if I had known this could happen.

Where would the details be, with planning when the properties were built at the council? I have emailed the managing agents, but they are useless at replying.

davidmcn

If you wanted to "make sure" that the other flats had similar age restrictions then you should have done your due diligence before you bought yours. If the other flat doesn't have an age restriction in its lease then that's the way it's going to be. Any idea why there was an age restriction in the first place?

PasturesNew

Is it possible the original intention was for one property to have the ability to be a home for a "live in caretaker" type (possibly aged 25-55, with family)? Then, without a caretaker actually living there (possibly ever) on site the current owner's just "taking the mick" because this situation was never considered as possible?

As my first guess, that'd be a route to it having been achieved....

theartfullodger

Take the matter up with the Freeholder:. probably a corporate entity owned in equal shares by the leaseholders each owning a flat

eddddy

ffiscool wrote: »

hi, does anyone know if age restricted flats have to have a proportion that are not? I bought last year a flat for over 55s. There are 7 purpose built maisonettes in this development. One of the flats, I have just found out, does NOT have an age restriction in their lease.

The things to check, would be:

• Your lease - Does the freeholder covenant (i.e. state/promise) that all other flats on the development will have over 55 age limits on their leases?

• Planning - Does the planning consent have planning restrictions stating that occupiers must be over 55?

• Or maybe - Planning - does the development have a C2 (residential institution) use class, as opposed to a C3 (dwelling) use class?

If none of those apply, I'm not sure there's anything you can do about it.

And TBH, if a family currently owns the lease, I'm sure their solicitor would have checked planning consents etc, as part of the conveyancing.

G_M

eddddy wrote: »

The things to check, would be:

• Your lease - Does the freeholder covenant (i.e. state/promise) that all other flats on the development will have over 55 age limits on their leases?

• Planning - Does the planning consent have planning restrictions stating that occupiers must be over 55?

• Or maybe - Planning - does the development have a C2 (residential institution) use class, as opposed to a C3 (dwelling) use class?

• Their leases - how many of the other properties have age restrictions noted on their leasehold Titles.

eddddy

G_M wrote: »

• Their leases - how many of the other properties have age restrictions noted on their leasehold Titles.

What other people's leases say won't really help the OP.

Other people's leases are between them and the freeholder. If the freeholder chooses to let under 55s live there, when their leases say otherwise, that's a matter between the freeholder and those leaseholders.

It's only if the OP's Lease says something (directly or indirectly) to the effect that the freeholder won't allow under 55s to live in the other flats. Then the OP has a basis for taking action against the freeholder.