Leasehold flat - Window opening into garden of next flat

waseem432000

Hi everyone,

I have recently had an offer accepted on a two bed ground floor maisonette and started the purchase process and my solicitor has received the draft contract and ordered searches.

we had another viewing today and something we never paid any attention before is that window of one of the bedrooms opens into garden of next door neighbour while the toilet window also opens to garden of other neighbours on the other side. I know we should have picked up that in the first viewing as well but we didn’t paid much attention to that.

I asked EA and he said he isn’t aware of legal aspect and can ask sellers and their solicitors and I have already asked our solicitors to check the legal rights for that but aside from privacy constraints, would it be a deal breaker for most people? I quite like the property but my wife thinks it’s really awkward with bedroom and bathroom windows opening in gardens of next door neighbours.

The building was built in 1960 and windows were changed in 2022 so nothing on the positions of the windows is anything recent and has always been like that

MyRealNameToo

2022 is fairly recent and even if the position hasnt changed they could have been sash or inward opening windows originally and been changed for outward opening ones meaning that they trespass into the neighbours property.

Certainly one for your solicitor to investage

waseem432000

yeah, that’s something I have told them to investigate.

just curious if this will bother most people if they were to buy the property? I think I can live with that as a ground floor apartment will have windows opening outside which will have the same security and privacy concerns.

Gonk1967

I would be more concerned about the neighbours being able to see into the bedroom, unless it has obscured glass.

koalakoala

it would be a deal breaker for me

waseem432000

https://forums.moneysavingexpert.com/discussion/comment/82145194#Comment_82145194

If we do end up buying it, we will definitely look into getting those updated.

HouseHuntingAmy

Whether it is a dealbreaker is really about how you will feel living with it rather than an abstract resale question - a bedroom window you never want to open gets old fast. On the legal side, one thing for your solicitor: the windows were replaced in 2022, and on a leasehold that sort of alteration often needs freeholder consent. If consent was never obtained it is usualy fixable (retrospective consent or indemnity insurance) but you want to know now rather than two weeks before exchange. We looked at a maisonette with a similar quirk and the paperwork question mattered more than the quirk itself. Good luck, it sounds like a lovely flat otherwise.

Albermarle

To me it would depend on the windows themselves. How big they were etc. Plus with many houses you can see into peoples bedrooms etc if you go in the garden, or if the kitchen windows are opposite each other etc.

Also at night many people living in ground floor flats, keep their windows closed for security reasons.

waseem432000

https://forums.moneysavingexpert.com/discussion/comment/82145805#Comment_82145805

It used to be a rented flat until recently and windows were indeed replaced in 2022 with double glazed ones but I am sure solicitor will check that as part of the process but I have flagged that with them already.

I was just snooping around land registry data for leasehold register and can see the only flats in the development, there are total 6, with easements in their plans are the flats where windows currently open but I will leave it to the solicitor to legally verify if those are relevant.

Herzlos

I think it'd depend on the layout and use of the garden. If it's a series of overlapping flats/gardens, and the garden under the window is essentially unused it's a very different prospect to having your bedroom window overlooking a neighbours well used patio.

waseem432000

https://forums.moneysavingexpert.com/discussion/comment/82145990#Comment_82145990

looking out into the garden, seems like fairly well used garden. Patio furniture and other bits all in place.