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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10610
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I am writing on belhald of my daughter who is in the process

Resolved Question:

Hi - I am writing on belhald of my daughter who is in the process of buying her first property which is being built at the moment, however, she has had quite a few problems with the builder, the largest of which is the fact that the property is Leasehold not Freehold and she is extremely concerned about this, due to all of the hype that has been in the press recently. We need to know whether there is anything she can do about any of the problems, or whether it is a case of she's signed on the dotted line so that's the end of it.I look forward to hearing from you.
Submitted: 3 months ago.
Category: Law
Expert:  Aston Lawyer replied 3 months ago.

Hi,

Thanks for your enquiry.

Has your Daughter exchanged Contracts yet?

What particular issues concern her, or is it merely just the fact that the property is Leasehold?

Could you confirm if the property is a house or flat?

Kind Regards

Al

Customer: replied 3 months ago.
Hi sorry for the delay.
Yes, my daughter has exchanged contracts. She is buying a two bedroomed house. She was annoyed when she was told that she wouldn't be getting the things originally agreed and that the price was about £10k over what she had originally been told, but as she wanted the house she decided to go ahead, however, when she found out that others in the site had been given e tars up to the value of £3k that made her really annoyed, so she contacted the builder (Persimmon), and they agreed to giving her £500 as a 'good will gesture'.I thank the main gripe is that the property is Leasehold,. She queried this at the time but was told it was nothing to worry about and that all new builds are now Leasehold. As you can imagine, although she is very intelligent, this is the first time she has bought a new home/got a mortgage and has been relying on the developer and the Solicitor to give her the correct information and to guide her, and feels let down and it has now been in the press about the whole Leasehold scam, which worries her the most.My daughter also contacted Persimmon about the Leasehold and they agreed to keeping the cost of buying it at £3,750, but we are now reading about covenants still being attached to the property eben after the Leasehold has been purchased, which I understand is called 'fleecehold'.Even though she has exchanged contracts, does she have a leg to stand on I.e. Can she insist on the oriignal offers being reinstated and can she insist that the house is sold as Freehold NOT Leasehold?I look forward to hearing from you.Many thanks
Expert:  Aston Lawyer replied 3 months ago.

Hi, thanks for your reply.

I am afraid that your Daughter has no legal standing to contest anything, as she is legally committed to purchase, now that Contracts have been exchanged, and by exchanging, she has agreed to all the terms as stipulated in the Lease/the price etc. As regards ***** ***** the only major 2 points your Daughter need to be aware of is-

1. the yearly ground rent. The lease will stipulate how much this is.

2. she will legally be entitled to buy the Freehold after 2 years.

As regards ***** ***** which apply even when the property is Freehold, there are always various covenants on new build Freehold properties, most of which are not too restrictive I am glad to say. There will no doubt be a covenant stating that Persimmon's consent will be required for any extensions, but provided your Daughter obtained the relevant planning permission, they will grant consent. There shouldn't really be any other covenants which are very detrimental.

I would have hoped that her Solicitor would have fully advised her concerning the two points concerning the Lease. If he/she did not, your Daughter should raise a complaint to the Complaints Partner at the Firm.

I am sorry your Daughter is in this position, but the press reports over Leaseholds were somewhat over the top and provided the ground rent is not too expensive, your Daughter should just make sure that she buys the Freehold after 2 years, unless Persimmon willingly allow her to buy it before the 2 year period.

I hope this assists and if so, I would be grateful if you could rate my answer in the top right hand corner of your screen. Kind Regards Al

Customer: replied 3 months ago.
Hi , thanks again for yiur response. The answer is as I thought really but needed to check. So, to clarify, even once she's bought the freehold, the will still be stipulations regarding the property? Is this the norm as I have never heard of this before? Her Solicitor (who was suggested by Persimmo), made no mention of the leasehold at all. If she made a complaint, where would that get her, apart from an apology?Thanks
Expert:  Aston Lawyer replied 3 months ago.

Hi,

I confirm that there are always stipulations (called covenants) affecting new build Freehold properties but these aren't anything your daughter needs to be overly concerned about.

If I were your daughter, I would be making a complaint to the Solicitors and Persimmon, on the basis that Persimmon recommended the Solicitors, with a view to then asking them to sell the Freehold at a reduced price! It's certainly worth a try!

Good luck to your daughter.

Kind Regards Al

Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 3 months ago.
Thank you very much for our help - we'll give that a try.
Expert:  Aston Lawyer replied 3 months ago.

Thanks. Good luck! Al