Nasty letter from freeholder of retirement housing

Bonniepurple

Grumpy_chap said:

waribai said:

Yes, she is still working so heads out early in the morning. 

I suspect this might be the real issue here.
Obviously, check the lease and verify the letter is not a scam letter.
If neighbours have complained it might well be that they chose to live in a "retirement complex" expecting to be surrounded by old folk who live a simple life, awake in a casual and relaxed manner and may venture out of doors by mid-morning, visit another old person living in the estate and then amble home to watch some compelling TV before quietly retiring for the evening.
Your friend has had the audacity to awaken and leave the house early in the morning, with bright car headlights and an engine running shattering the peace...

They have obviously never met the retired folk that I know - out every day, off abroad several times a year (in their 80s).  OTOH, they also know all the gossip via osmosis and will exchange it in return for lifts if the bus isn’t running.  Sitting at home knitting is not an option when there’s Knit and Natter around!

Oh, and there’s actually no upper working threshold anymore.  I know people working in their late 70s and above.

Grumpy_chap

Bonniepurple said:

Grumpy_chap said:

waribai said:

Yes, she is still working so heads out early in the morning. 

I suspect this might be the real issue here.
Obviously, check the lease and verify the letter is not a scam letter.
If neighbours have complained it might well be that they chose to live in a "retirement complex" expecting to be surrounded by old folk who live a simple life, awake in a casual and relaxed manner and may venture out of doors by mid-morning, visit another old person living in the estate and then amble home to watch some compelling TV before quietly retiring for the evening.
Your friend has had the audacity to awaken and leave the house early in the morning, with bright car headlights and an engine running shattering the peace...

They have obviously never met the retired folk that I know - out every day, off abroad several times a year (in their 80s).  OTOH, they also know all the gossip via osmosis and will exchange it in return for lifts if the bus isn’t running.  Sitting at home knitting is not an option when there’s Knit and Natter around!

Oh, and there’s actually no upper working threshold anymore.  I know people working in their late 70s and above.

Do those retired folk with active lives opt to live in a retirement village?

waribai

Thanks for all the replies. Her solicitor is on holiday (conveniently!) So, she was sufficiently worried to get a copy of the lease via one of the 3rd party providers that has a commercial agreement with land registry. Her leases does indeed state

 "Not to grant a lease of any dwelling in the Buildings to any person who shall be under the State Pensionable age Provided nevertheless that the Lessor shall have the right to grant such lease on such .conditions as it shall deem necessary to a person of under the State Pensionable age for the purpose of the occupation of such dwelling by a person or persons older than that age"

Shenstone properties are actually aslo the freeholder, not the management company. I guess she might be snookered here.....

She does head out early to work but on public transport. She suspects that one of the problems might be that when she first moved in she was helping out the head of the residents committee with PC issues, broadband mishaps etc. But then he started asking for more and more help and she then claimed to be too busy to help anymore. She thinks he may have taken umbrage to that and then reported her. Who knows?!

Anyway, I guess she needs professional help as her conveyancing solicitor will undoubtedly say that she should have checked or that the seller's solicitor is to blame. Can they actually kick her out is what I am wondering?

user1977

waribai said:

Her lease does indeed state

 "Not to grant a lease of any dwelling in the Buildings to any person who shall be under the State Pensionable age Provided nevertheless that the Lessor shall have the right to grant such lease on such .conditions as it shall deem necessary to a person of under the State Pensionable age for the purpose of the occupation of such dwelling by a person or persons older than that age"

Sorry, that's on obligation on whom not to grant such a lease? If it's an obligation on Shenstone then it's them who are in breach, not her...And did they grant her the lease or did somebody assign it to her? If the latter then you need to look elsewhere in the lease for the conditions around that.

waribai

It does also say

"(b) not to assign transfer underlet or part with or share possession of the whole of the Dwelling:

other than to an assignee or underlessee who shall be of state pensionable age at the date of any such assignment underletting or parting with or sharing of possession of the whole of the dwelling and who shall if required by the lessor produce to the lessor a medical certificate  indicating that such assignee or underlessee is physically fit and capable of carrying out the obligations and requirements of the Lessee under this Lease"

Herzlos

waribai said:

She suspects that one of the problems might be that when she first moved in she was helping out the head of the residents committee with PC issues, broadband mishaps etc. But then he started asking for more and more help and she then claimed to be too busy to help anymore. She thinks he may have taken umbrage to that and then reported her. Who knows?!

That seems pretty likely unfortunately.

As to the eligibility; if she wasn't eligible to buy there then the sale shouldn't have happened. That's on whoever in the management company and selling solicitor didn't do their due dilligence.

I'd be inclined to respond with something short and to the point like:

"Any problems with the aquisition of the property should have been addressed during the lengthy purchase procedure. It was either approved due to there being no problem, or a failure in due dilligence. Neither case will require me to move. "

Though if your friend is more risk averse she may want to wait to show the solicitor on return from holiday.

Grumpy_chap

Probably worth waiting until the purchaser's conveyancing solicitor can advise.

The lease seems clear to reference SPA and the individual is currently under SPA (even though above what many will have been brought up to consider as "retirement age").
The OP did mention the estate being for "over 60's" so there may be another clause in the lease that references the same.

Either way, it is odd that the conveyancing solicitor for the purchaser would not have spotted something as obvious as the purchaser being too young.  There may be an addendum that resolves the matter.

SDLT_Geek

waribai said:

It does also say

"(b) not to assign transfer underlet or part with or share possession of the whole of the Dwelling:

other than to an assignee or underlessee who shall be of state pensionable age at the date of any such assignment underletting or parting with or sharing of possession of the whole of the dwelling and who shall if required by the lessor produce to the lessor a medical certificate  indicating that such assignee or underlessee is physically fit and capable of carrying out the obligations and requirements of the Lessee under this Lease"

I would be more interested to see the clause stating who can occupy the property, given that that could be an ongoing breach, rather than the one off breach that could have happened on an assignment.

waribai

SDLT_Geek said:

waribai said:

It does also say

"(b) not to assign transfer underlet or part with or share possession of the whole of the Dwelling:

other than to an assignee or underlessee...........

I would be more interested to see the clause stating who can occupy the property, given that that could be an ongoing breach, rather than the one off breach that could have happened on an assignment.

Those are the only references to pensionable age in the lease...

Flugelhorn

definitely best to wait until the solicitor is back and let them deal with it