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Original poster

Leasehold and foundations

25 replies

marypoppingin · 06/04/2022 12:51

Hi there,

Im in the process of buying a purpose built, leasehold ground floor flat and I'm being told that I'm required to maintain the foundations and the sub-soil and not the landlord. Is that normal? How can I maintain something I don't own?

Tia!

OP posts:
Original poster
marypoppingin · 06/04/2022 14:00

Anybody had any experience?

OP posts:
Original poster
marypoppingin · 06/04/2022 18:43

Bumping for the evening crowd Grin

OP posts:
FTEngineerM · 06/04/2022 18:50

How can I maintain something I don't own?
Hmm, you’d still service a lease car..

I have no idea but it’s another bump

MinnieMountain · 06/04/2022 19:33

Is it a maisonette?

PinkGlassEye · 06/04/2022 20:41

Certainly the roof is usually a shared expense in a block because you all benefit from it, presumably the foundations are too? Or are you saying the ground floor flat has sole responsiblity?

PinkGlassEye · 06/04/2022 20:46

The landlord owns overall title to the property but you need to maintain the building whilst you own your portion.

Original poster
marypoppingin · 06/04/2022 21:40

The ground floor flat has sole responsibility for the foundations and the soil... It just doesn't seem right to me?

OP posts:
Original poster
marypoppingin · 06/04/2022 21:40

@MinnieMountain

Is it a maisonette?
No, one level ground floor flat.
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PinkGlassEye · 06/04/2022 21:57

You don't say what age the building is? If it's very old or very new I wouldn't touch it then. Also, what soil/subsoil is it on? If it's clay, run for the hills because if something did go wrong it would be ££.

PragmaticWench · 06/04/2022 22:00

Does the lease then say that you're not responsible for the roof?

Original poster
marypoppingin · 06/04/2022 22:52

@PragmaticWench

Does the lease then say that you're not responsible for the roof?
Nope, doesn't mention that, I'm probably responsible for that too!
OP posts:
Original poster
marypoppingin · 06/04/2022 22:53

@PinkGlassEye

You don't say what age the building is? If it's very old or very new I wouldn't touch it then. Also, what soil/subsoil is it on? If it's clay, run for the hills because if something did go wrong it would be ££.
It's clay Confused
OP posts:
Original poster
marypoppingin · 06/04/2022 22:54

Just interested to know if it's normal for that to be the case?

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LardyDee · 06/04/2022 23:06

I think it depends on your "demise" - ie what parts of the building you own. You presumably do (or will) own the foundations. I don't think that's common, but I can't see a problem in principle, as long as you don't mind being responsible for the full cost of maintaining them. Even if the freeholder owns bits of the building the cost of maintaining them will just be passed on to be shared between the lessees. The quid pro quo is that you're not responsible for the roof I guess. But really this is why you have a solicitor.

Justkeeppedaling · 06/04/2022 23:15

Personally, I'd stay away from any leasehold property.

LardyDee · 06/04/2022 23:19

@Justkeeppedaling

Personally, I'd stay away from any leasehold property.
Not really feasible if she's buying a flat.
Original poster
marypoppingin · 06/04/2022 23:23

@LardyDee

I think it depends on your "demise" - ie what parts of the building you own. You presumably do (or will) own the foundations. I don't think that's common, but I can't see a problem in principle, as long as you don't mind being responsible for the full cost of maintaining them. Even if the freeholder owns bits of the building the cost of maintaining them will just be passed on to be shared between the lessees. The quid pro quo is that you're not responsible for the roof I guess. But really this is why you have a solicitor.
Thank you. I'm not really happy about it, as what's the maintenance charge for for the whole estate? I'm getting no benefits of freehold but paying for repairs solo ifyswim. Solicitors haven't been very forthcoming unfortunately!
OP posts:
Original poster
marypoppingin · 06/04/2022 23:23

@Justkeeppedaling

Personally, I'd stay away from any leasehold property.
Wish I could but needs must
OP posts:
JengaTower · 06/04/2022 23:24

It's quite likely you'll have to pay for half of any building repairs including the roof.

It could be the current owners are selling because expensive works are due

I would recommend you do not buy this flat

There are freehold flats out there. I know because I had one. But you still all share maintenance costs you just get to choose your own tradesmen so don't get more ripped off than necessary

JengaTower · 06/04/2022 23:25

Don't rush into anything

MinnieMountain · 07/04/2022 05:58

Unless you’re buying a building split into only two flats AND the other flat is responsible for the roof, don’t buy it. There will be other flats.

Btw whilst freehold flats exist, most lenders won’t lend on them.

Shurl · 07/04/2022 06:24

Can you ask your solicitor what they think? Ask I they have seen this before and what the potential risks are to you. Also ask about the roof.

Butterfly44 · 07/04/2022 06:29

How many flats in the block? Has your solicitor asked for accounts for last few years - service charge, ground rent, building works, planned works etc?
Your solicitor needs to advise on wording but normally the freeholder should responsible for whole building maintenance which should be equal by all leases via the charges.

MinnieMountain · 07/04/2022 06:38

I’ve probably looked at 100’s of leases over the years and have only seen this once (brand new lease- client pulled out).

PinkGlassEye · 07/04/2022 09:23

I agree with pp that perhaps major costs are coming & that's why the owner is selling.

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