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  • FIRST POST
    • greenhouse28
    • By greenhouse28 7th Feb 18, 10:27 AM
    • 17Posts
    • 5Thanks
    greenhouse28
    Should I buy this Maisonette?
    • #1
    • 7th Feb 18, 10:27 AM
    Should I buy this Maisonette? 7th Feb 18 at 10:27 AM
    Hi all,

    I am having a bit of difficulty trying to decide whether to proceed with the purchase of this Maisonette. I have had a survey done which says there are signs of possible movement, the signs being a crack above the downstairs window, and the tree in the front garden. The Maisonette I'm buying is the upstairs one. Does anyone on here know the risks if I remove the tree and get the brickwork fixed, is this just going to "cover" the problem etc? The tree is a large willow tree about 5/6 meters away from the property. There is only one crack in the brickwork. Any advice would be very much appreciated! Thank you!
Page 2
    • greenhouse28
    • By greenhouse28 13th Feb 18, 7:59 AM
    • 17 Posts
    • 5 Thanks
    greenhouse28
    My next, and hopefully final question is; what is the risk with exchanging contracts while the tenant is still on his notice period? The current owner rents the property out and the tenant has a 1 month notice period, which he has not been served yet as I was awaiting the results of the drainage survey.
    • PasturesNew
    • By PasturesNew 13th Feb 18, 8:07 AM
    • 62,169 Posts
    • 363,910 Thanks
    PasturesNew
    We don't know as any risk is situation specific....

    The general/legal advice is always: "Do NOT exchange until the tenant has left the property and you have visited the property and done a visual inspection to confirm they have left and it's not been trashed".
    • Davesnave
    • By Davesnave 13th Feb 18, 8:43 AM
    • 24,795 Posts
    • 92,059 Thanks
    Davesnave
    My next, and hopefully final question is; what is the risk with exchanging contracts while the tenant is still on his notice period?
    Originally posted by greenhouse28
    Vendor wants their cake and eat it too!

    Do not exchange until you are satisfied the tenant has gone and the property is in the condition you saw on previous inspection.

    It can take anything up to 40 weeks to legally evict a tenant; longer if the landlord makes mistakes with the process.
    'A society grows great when old men plant trees whose shade they'll never sit in.'
    • greenhouse28
    • By greenhouse28 14th Feb 18, 12:45 PM
    • 17 Posts
    • 5 Thanks
    greenhouse28
    Now that I know the drain Survey is ok, and that the crack is just the window lintel, would anyone here actually purchase a property with a willow tree 6 meters from it?
    • tlc678910
    • By tlc678910 14th Feb 18, 7:39 PM
    • 517 Posts
    • 892 Thanks
    tlc678910
    Hi OP,
    I may well find myself corrected but I think the law requires a tenant to be given two months notice (before a landlord can ask a court to end the tenancy). A statutory requirement whatever the contract says I think.
    Tlc
    • Smodlet
    • By Smodlet 14th Feb 18, 9:16 PM
    • 2,908 Posts
    • 5,907 Thanks
    Smodlet
    Sorry, OP, but no power on this earth would impel me to buy a maisonette. Just my opinion.
    What is this life if, sweet wordsmith, we have no time to take the pith?
    Every stew starts with the first onion.
    I took it upon myself to investigate a trifle; it had custard, jelly, soggy sponge things...
    • greenhouse28
    • By greenhouse28 15th Feb 18, 11:53 AM
    • 17 Posts
    • 5 Thanks
    greenhouse28
    Hi all, had the tree report done now, they have confirmed in writting that the tree is not causing an issue, and that the crack is just a result of shoddy work when the uPVC windows were installed!
    • pinklady21
    • By pinklady21 15th Feb 18, 12:01 PM
    • 519 Posts
    • 355 Thanks
    pinklady21
    How much will it cost to put right the "shoddy work" on the windows? How many windows are there? What else might have to be repaired as the work was 2shoddy"?

    And a property with a sitting tenant, which is what this is, is worth a lot less than one with vacant possession. You would be wise to wait until the tenant has moved out, and you have confirmed this with a visit to the interior of the property, before you exchange contracts.
    • greenhouse28
    • By greenhouse28 15th Feb 18, 12:28 PM
    • 17 Posts
    • 5 Thanks
    greenhouse28
    Had a few quotes for around 500, 2 windows have the problem. Could a sitting tenant be the reason a property is valued at 87,500 when nearby properties of the same size are valued at 100,000. The interiors of the nearby properties are also a LOT more modern, but i cant imagine that makes a huge difference on a small 2 bed maisonette.
    • PasturesNew
    • By PasturesNew 15th Feb 18, 12:35 PM
    • 62,169 Posts
    • 363,910 Thanks
    PasturesNew
    .... sitting tenant ....
    Originally posted by greenhouse28
    You have mixed up important names.

    Sitting tenant: A tenant who has exceptionally strong rights to remain in the property, maybe for life - possibly even the ability to pass the rental as an inheritance ... they will tend to be in older tenancies, 20-50 years old.

    Tenant: A tenant who is on an Assured Shorthold Tenancy Agreement (most usual since
    ~1997).

    A tenant living in a property is a tenant.
    A sitting tenant in a property is a major inhibitor to anybody being able to buy the house at anywhere close to "its real value" as they have far-reaching rights.
    • PhilE
    • By PhilE 15th Feb 18, 4:09 PM
    • 280 Posts
    • 180 Thanks
    PhilE
    A crack above the downstairs window by itself isn't a deal breaker, neither is a tree. Together though, its a problem considering the crack may be due to the tree.

    You've then also got to go through the hassle of negotiating with the people downstairs, and if that doesn't go to plan you have thin floorboards between you and someone you don't get along with.

    I'd call it a day on this one personally.

    Try and avoid a masionette if you can.
    Last edited by PhilE; 15-02-2018 at 4:11 PM.
    • melb
    • By melb 17th Feb 18, 1:11 PM
    • 2,576 Posts
    • 957 Thanks
    melb
    can I just ask why a couple of people advise against buying a maisonette? the ones I have seen are in a block of 4 flats over 2 floors ie each 1 bed flat occupies one floor. What is the difference between this and a small block of flats?
    • Davesnave
    • By Davesnave 17th Feb 18, 2:16 PM
    • 24,795 Posts
    • 92,059 Thanks
    Davesnave
    can I just ask why a couple of people advise against buying a maisonette? the ones I have seen are in a block of 4 flats over 2 floors ie each 1 bed flat occupies one floor. What is the difference between this and a small block of flats?
    Originally posted by melb
    There will always be people on MSE who advise against buying flats, or if someone is contemplating a semi, they will stress that detached is 'better.'

    It's likely, that these people have had a bad time in accommodation with party walls/floors. They usually add they are speaking from experience, but they may forget that there are millions of people out there whose experiences in the same situations have been generally positive.

    Because detached is more expensive, I was retired by the time I purchased a detached house. If I'd had a bad experience, it might have happened sooner, but I was happy with my neighbours in all the places I rented and bought over about 40 years.

    Indeed, it was only when I bought the detached with some acres of 'buffer zone' around that I ran into my first neighbour conflict; now happily resolved.
    'A society grows great when old men plant trees whose shade they'll never sit in.'
    • greenhouse28
    • By greenhouse28 19th Feb 18, 10:54 AM
    • 17 Posts
    • 5 Thanks
    greenhouse28
    Hi all, the tree report has come back and states that there is no risk to the property due to the tree. The tenant has been handed his 4 week notice so now it's just about waiting for him to move out and then we can exchange contracts. Thank you all for your advice and help!
    • agrinnall
    • By agrinnall 19th Feb 18, 11:03 AM
    • 19,897 Posts
    • 15,606 Thanks
    agrinnall
    Good news hopefully. I hope you are using '4 weeks notice' as shorthand as I'd doubt whether they actually have a notice period of 4 weeks. If you have really been told 4 weeks then I would get your solicitor to check that the notice given is valid because you may find at the end of 4 weeks that the tenant has not been legally asked to leave and the time could start again.
    • greenhouse28
    • By greenhouse28 20th Feb 18, 2:51 PM
    • 17 Posts
    • 5 Thanks
    greenhouse28
    I'm now having the estate agents tell me that the tenant has a 4 week notice period, but the seller is telling me it is an 8 week notice period. I have no idea if the tenant has actually been handed his notice now. Is buying a place usually like this?
    • Doozergirl
    • By Doozergirl 20th Feb 18, 4:24 PM
    • 24,917 Posts
    • 68,308 Thanks
    Doozergirl
    Landlord!!!8217;s notice is usually two calendar months. Tenant!!!8217;s is usually one calendar month. It usually runs from a rent day.

    Yes, there are always hoops to jump through. It!!!8217;s rarely easy.
    Everything that is supposed to be in heaven is already here on earth.
    • parking_question_chap
    • By parking_question_chap 20th Feb 18, 5:50 PM
    • 1,591 Posts
    • 1,381 Thanks
    parking_question_chap
    is it worth all this hassle and future potential hassle, for "a maisonette".... no.
    Originally posted by PasturesNew
    What a rude comment to make.
    • Davesnave
    • By Davesnave 20th Feb 18, 7:18 PM
    • 24,795 Posts
    • 92,059 Thanks
    Davesnave
    Is buying a place usually like this?
    Originally posted by greenhouse28
    It is if the landlord wants to screw every last penny out of the property, as stated in my earlier post.

    And re-read the last part of that. Eight weeks is certainly not guaranteed.
    'A society grows great when old men plant trees whose shade they'll never sit in.'
    • greenhouse28
    • By greenhouse28 22nd Feb 18, 10:46 AM
    • 17 Posts
    • 5 Thanks
    greenhouse28
    The end of the tenants notice expires on the 25th April, does anyone know if things can be pushed forward if the tenant finds a new place and moves out early? Or will i be forced to wait until that date anyway? Thanks all!
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