DH and I are FTBs and have had an offer accepted on a two bedroom flat. It comprises the bottom two floors of a house, with one top floor flat above ours which is owned and lived in by the freeholder of the whole property (we are buying on a leasehold basis).
Our solicitor has advised that there is a term in the lease which (a) prohibits any owner of our flat from letting it to more than two adults (despite the fact it is a two double bedroom flat), meaning that it would be incredibly unattractive to the buy to let market if we then went on to sell it at a later stage (therefore limiting potential purchasers), and (b) gives the freeholders seemingly unfettered discretion to object to any tenants of our flat should it be rented out (even if there is no legal basis for them to do so). Our solicitor has strongly advised that we try to meet/speak to the freeholders (our potential new neighbours) to try to figure out if they are reasonable and rational people (ie is this clause likely to cause us major problems down the track). There is no such clause in relation to their flat.
It's all making us a bit nervous to be honest - even if we do meet them and think they seem rational, there are no guarantees that this is in fact the case!! They apparently won't agree to remove the clause as they want to have a degree of control in respect of who lives under them (noise etc).
Has anyone come across any clauses like this before? Were they dealbreakers or is there a way around them? Really don't want to pull the plug on this property but also very nervous about the degree of influence the freeholder has.
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Unreasonable freeholder?
3 replies
ZigAZigAhh · 16/03/2016 21:49
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