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Buying a leasehold flat

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leaseholdzzz
leaseholdzzz Posts: 20 Forumite
edited 23 July 2019 at 9:03PM in House buying, renting & selling
Dear forumites, please be gentle to this newbie :)

We are in the process of buying a leasehold flat in Coventry. I've heard a lot of horror stories on the forum and in the news so we are treading carefully during conveyancing and trying not to depend solely on the solicitor doing his work.

The solicitor sent us copies of the TA6, TA7 and TA10 forms to "review" and from a quick glance through them, there are clearly a few areas where the seller has filled the form in wrongly, might well be honest mistakes.

My question is, are these big issues? Can I insist that the forms be filled correctly?

I would be grateful for any advice as I don't want to be seen as creating a fuss unnecessarily.

TA6 - Property Information Form

12.3 Does the property have a central heating system? - They've answered 'No' when it should be 'Yes' as it does have an all electric storage heating system.

TA7 - Leasehold Information Form

1.2 Does the seller pay rent for the property? - They've answered 'No' when it should be 'Yes' as there is ground rent to pay of £125/year

5.5 Does the seller know of any expense (e.g. the cost of redecoration of outside or communal areas not usually incurred annually) likely to be shown in the service charge accounts within the next three years? If Yes, please give details: - They've answered 'No' when they've already told us that there are redecoration works for the building that are planned soon. There's no section 20 notice for it yet.

9.1 Is the seller aware of any alterations having been made to the property since the lease was originally granted? - They've answered 'No' but I think it should be 'Yes' as the seller has ripped up the carpeting (which is required by the lease) and replaced it with wooden flooring recently.

TA10 - Fittings and Contents Form

4 Carpets - There is no carpeting anywhere in the flat as they've recently replaced it with wooden flooring. But for this question they've marked 'Included' and put "Laminated flooring" under comments. Surely, they should just say that there aren't any carpets?
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  • MovingForwards
    MovingForwards Posts: 16,924 Forumite
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    Is this a probate sale?
    What's the date on the forms?
    Mortgage started 2020, aiming to clear it in 2026.
  • leaseholdzzz
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    Not that I know. The names on the title register are the same as that of the couple on these forms.

    They’re dated 1-July, received by my solicitors last Friday 19-July.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    Just discuss these points with your solicitor. But I can't see that any of them are big issues if you know what the answers ought to be.
  • eddddy
    eddddy Posts: 16,445 Forumite
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    Based on the examples you quote, I don't think there's any benefit in asking for the forms to be changed.

    But perhaps there are things that need further investigation.
    TA6 - Property Information Form

    12.3 Does the property have a central heating system? - They've answered 'No' when it should be 'Yes' as it does have an all electric storage heating system.

    Electric storage heating isn't central heating.

    ("Central Heating" means the heating is done on one central place, and circulated around the property.)

    TA7 - Leasehold Information Form

    1.2 Does the seller pay rent for the property? - They've answered 'No' when it should be 'Yes' as there is ground rent to pay of £125/year

    So you know there is ground rent is £125 from reading the lease - so you don't really need the form corrected to say that.

    What benefit do you see from having it written on the form?
    5.5 Does the seller know of any expense (e.g. the cost of redecoration of outside or communal areas not usually incurred annually) likely to be shown in the service charge accounts within the next three years? If Yes, please give details: - They've answered 'No' when they've already told us that there are redecoration works for the building that are planned soon. There's no section 20 notice for it yet.

    Again, you know about the redecoration, so there's no real benefit to making the vendor write it on the form.

    Although, if they knew about the redecoration and didn't mention it, I guess it's possible that they also know about some other stuff that they haven't mentioned.
    9.1 Is the seller aware of any alterations having been made to the property since the lease was originally granted? - They've answered 'No' but I think it should be 'Yes' as the seller has ripped up the carpeting (which is required by the lease) and replaced it with wooden flooring recently.

    Again, you know about this - so what's the benefit of getting the seller to write it on a form?

    However, the wooden floor may be a breach of the lease terms, so you need to investigate that.
    TA10 - Fittings and Contents Form

    4 Carpets - There is no carpeting anywhere in the flat as they've recently replaced it with wooden flooring. But for this question they've marked 'Included' and put "Laminated flooring" under comments. Surely, they should just say that there aren't any carpets?

    If the form stays as it is, what bad outcome are you worried about?

    If there's no possible bad outcome from leaving the form as it is, why bother asking for it to be changed?



    But whilst none of the examples you mention appear to be a problem, I guess it's an indication that the seller hasn't taken great care in filling in the forms.

    If you want, I guess you could say that you've spotted a few errors on the forms, so would the seller re-check their answers, just in case there are other errors that you aren't aware of.
  • leaseholdzzz
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    Thanks. I get what you’re saying but just worried about what else might be wrong that I’m not aware of.
  • perfect10
    perfect10 Posts: 455 Forumite
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    I think I would have answered the questions the same as the seller!
    Storage heaters are independent heaters so not a central heating system. They don't pay rent on the property only for the land. Redecorating is a normal charge on service charges. Property alterations would be something like structural work not changing floor coverings. By putting no carpets would imply bare floorboards, so ok to comment that there is laminate floor.

    What I would ask, is what the charges are when you come to sell the property. It can be 1% of the purchase price and 1% ov the selling price, sometimes higher. I have just sold my parent's leasehold flat and had to pay 0.5% of the sale price for every year they have been there!
    Entering a few comps here and there 2020 seems my best year for wins so far:- iphone xs, limited edition whiskey, Masha and the Bear toys, newborn baby stuff, 3 x books, 12 months membership to diet app, bottle of syrup, Baby Shark singing puppet, children’s book, Nasty vegan shake x 2 packs.
  • eddddy
    eddddy Posts: 16,445 Forumite
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    perfect10 wrote: »
    What I would ask, is what the charges are when you come to sell the property. It can be 1% of the purchase price and 1% ov the selling price, sometimes higher. I have just sold my parent's leasehold flat and had to pay 0.5% of the sale price for every year they have been there!


    Are you talking about a retirement property?

    I think you're talking about a 'Deferred Service Charge'.

    The argument in favour of a 'Deferred Service Charge' is that a retired person typically has limited income, so instead of charging them the full service charge each year - some of it is deferred until they sell.

    But it's controversial, and some people say the process is abused.


    I've never heard of 'Deferred Service Charges' applying to other types of leasehold property - only retirement properties.
  • Tom99
    Tom99 Posts: 5,371 Forumite
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    Have you been sent a copy of the lease yet as there are plenty of other things you need to check when that comes.
    How long is the lease, what is the ground rent, does the ground rent have a review, what am I responsible for, what can I not do, what do I need permission to do, what is the landlord responsible for, what are the service charge arrangements and so on.
  • leaseholdzzz
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    Yes, I've pored over the lease -

    125 year lease, 98 years left

    Ground rent is £100/yr for first 25 years, £125/yr for the next 50 and £150/yr for the last 50.

    Things I can/cannot do - the only problematic one I can see is that the lease requires carpeting for everywhere except kitchen and bathroom but the current owner has recently ripped up the carpeting and replaced it with wooden flooring.

    Service charge of 1/30 of the costs of the block, currently £65/month/flat (and has been the same for the last 3 years). Managed by a company with 30 shares, 1 share each for each leaseholder.
    Tom99 wrote: »
    Have you been sent a copy of the lease yet as there are plenty of other things you need to check when that comes.
    How long is the lease, what is the ground rent, does the ground rent have a review, what am I responsible for, what can I not do, what do I need permission to do, what is the landlord responsible for, what are the service charge arrangements and so on.
  • eddddy
    eddddy Posts: 16,445 Forumite
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    Things I can/cannot do - the only problematic one I can see is that the lease requires carpeting for everywhere except kitchen and bathroom but the current owner has recently ripped up the carpeting and replaced it with wooden flooring.

    You can ask the seller if they have written consent from the freeholder for that. They probably haven't, and the leases probably make it impossible for the freeholder to give consent.


    The seller might not want to ask the freeholder about this, because it might alert the freeholder to the fact there are no carpets - which might trigger enforcement action by the freeholder.


    So you should buy in the knowledge that somebody might complain and you could be forced to lay carpet (and maybe have an 'emergency budget' to cover that).
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