Leased garage issue with House sale question

11MikeJohns

Hi, we are selling our 4 bed house with attached garage.

The house is freehold, the garage is leasehold due to being under a coach house.

I converted the back part of the garage with the approval of the then owners back in 2007, though we never got this in writing.

Now we are selling and dug out the paperwork, the lease states ' Not to use the garage other than for parking one private motor vehicle "

I can probably get the old owners to still write me a confirmation letter, but I don't know what else to do ?

Any help or advice gratefully received

Cheers Mike.

davidmcn

Converted it into what? How much hassle would it be to change it back into a garage? If there's nothing in the lease suggesting other less formal consents are possible, you'd really need a formal variation of the lease. Or rather, wait to see what your buyer wants. Talk to your solicitor anyway.

11MikeJohns

Hi, its converted into a games room, ( plasterboarded, insulated, sub floor etc) , with a door from the adjoining lounge.

The new buyer wants to keep it, as its one of the reasons they liked the house, it takes up about two thirds of the garage, all done to building regs, front of the garage is as per the others under the coach house,and use for storing bikes etc.

teachfast

But it still belongs to someone else, hence not part of the sale, surely. The leasehold is a separate negotiation?

11MikeJohns

Hi, no the garage and the house are being sold as a package

TBagpuss

Is the new landlord aware of the change? 
I am not sure that retrospective permission from the previous landlord would carry much weight unless they also made the new owners aware when they sold the freehold.
Your solicitor is best placed to advise you but I think you will need confirmation from the current landlord that they are aware of and happy with the changes. 

11MikeJohns

Hi, the new landlord is aware that i have converted the garage, whether he is aware that its written into the lese that its for parking only, I'm not sure.

Worried about discussing with my solicitor as any issues may stop the sale ?

davidmcn

11MikeJohns said:

Worried about discussing with my solicitor as any issues may stop the sale ?

Why? Your solicitor is on your side. It's up to the buyer to raise any queries about discrepancies. 

NameUnavailable

11MikeJohns said:

Hi, we are selling our 4 bed house with attached garage.

The house is freehold, the garage is leasehold due to being under a coach house.

I converted the back part of the garage with the approval of the then owners back in 2007, though we never got this in writing.

Now we are selling and dug out the paperwork, the lease states ' Not to use the garage other than for parking one private motor vehicle "

I can probably get the old owners to still write me a confirmation letter, but I don't know what else to do ?

Any help or advice gratefully received

Cheers Mike.

When you refer to owners, who exactly are you talking about?

11MikeJohns

The people who own the coach house above the garages, own the lease on all 4 garages individually.

tink_1983

We where told with our garage under a coach house that no power is allowed ? Not allowed to store certain things etx..anything flammable essentially 
So if your room was to set the coach house on fire (playing devils advocate) do you have insurance for that?