Nasty letter from freeholder of retirement housing

waribai

Hi,

I am seeking some advice for an older friend. She bought a flat a year ago in a small retirement housing block which was advertised as being for the over 60s. She was 61 at the time. She has been very happy there until last week when she received this letter from the freeholder Shenstone Properties Ltd.

"We write with reference to the above property and to advise you that there is a problem with your acquisition of this property. Following you providing your passport it is evident that you are not of pensionable age and it is a prerequisite requirement that prior to being able to acquire a flat in this block, which is a retirement block, you must be of pensionable age. Your Solicitors will have been well aware of this as they will have had a copy of the Lease and yet they have allowed you to complete your purchase knowing full well that it is unlawful and that you are now in Breach of Covenant under your Lease.

Whatever action you wish to take against your Solicitors is a matter for you and not for us but we have to state to you that we cannot accept your acquisition of this property as it renders you in Breach of Covenant and we would have issues brought to our attention by the other residents in the block who actively check the validity of tenants as they move in and therefore we would have to ask you to vacate the property and put the property back on the market and again it can only be sold to someone of State Pensionable Age.

We would ask you to come back to us in acknowledgement of this letter and confirm what actions you are taking to comply with our request and we look forward to hearing from you by return."

Unfortunately, she doesn't have a copy of her lease and the solicitor is currently on holiday. So, she has replied just to acknowledge receipt of the letter. 

How serious is this? Apparently, there are other residents who are under state pensionable age in the block. So, why pick on her? I am wondering if maybe the management company are hoping to make some money out of this?

Any advice would be welcome!

Robin9

Any confusion between pensionable age (upon a time was 60) and the present pensionable age of 67 ?

penners324

Everything depends on the lease wording. If it says Over 60 then that's fine, the company are in the wrong.

One would ask what the Solicitors for the company were doing to let this through?

waribai

Indeed, it will be in the wording of the lease. But she doesn’t have a copy. I was wondering if in the worst case scenario she can just stall for a few years…

BikingBud

Advertised as for over 60s? Do you have a copy of that? Over 60 is also over pension age but is not over state pension age. Did it say 60, or pensioners or one state pension age? Bear in mind NPA for some pension schemes and SPA are movable.

Why does she not have a copy of the lease?

Is there any chance the letter is a spoof?

It just seems wrong to me, eg other residents bringing things to their attention, if it is unacceptable then the actions of other residents is by the by.

Prerequisite requirement - is tautology.

Lots of duplication brach of covenant mentioned a few times.

But if the conditions of the lease have been breached, not the Law, then I would offer the vendors representative during the conveyancing process and certainly before exchange should have satisfied themselves of your friend's age. Therefore the vendor's solicitor have also allowed this to happen and may be equally negligent!

When was the passport provided, if before exchange this apparent problem should have been observed before exchange and if it was passed after exchange or completion why and for what purpose?

Suggesting the solicitor is at fault and that action should be taken against them! Definitely not their, the management company's, position to comment upon this.

I would suggest you do not enter into any further correspondence except through the solicitor.

ThisIsWeird

Does she have Legal Protection included in her contents insurance?

daveyjp

That reads like the letter was written by an 8 year old or someone trying to be funny or wind someone up.

Nothing the resident has done is 'unlawful', if it is get the management company to call the police and see how they react to the illegal act of being too young to live in a retirement flat.

Is that second paragraph really one sentence?  Do residents really 'spy' on each other, check credentials and 'dob' each other in?

No need to panic. First job is to check the lease terms, but I'd also check the authenticity of the letter.

Also check rightmove for current or existing brochures and see how it is marketed.

Grumpy_chap

There is the precise wording of the lease to be checked around exact ages.

Could there also be a practical concern which prompted others to raise the issue?  One might assume that purchasers of a property in a retirement village tend to live life at a slower pace.  Is the OP still working?  Or heading off out at the crack of dawn?  Or a late night party animal?

waribai

Thanks for the replies. From my understanding the lease is with the solicitor. I will double check tomorrow as I think she's asleep already. The passport is a weird one as they suddenly asked for a copy of her passport a month ago when she asked for them to recalculate her ground rent as they had billed her for a period before she moved into the property. She then received this letter soon after.
Yes, she is still working so heads out early in the morning. She is definitely not a party animal!

user1977

waribai said:

From my understanding the lease is with the solicitor.

It would be normal for her to be sent a copy at some point during the buying process, so if she bought recently it seems odd that she doesn't have it.

I agree that the wording of the letter sounds rather...odd.

" we would have issues brought to our attention by the other residents in the block who actively check the validity of tenants as they move in"

Eh? Have you ever had "your validity actively checked" by your new neighbours?

Beeblebr0x

Er...didn't the management company do any vetting themselves or are they gormless?