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Opinions about leasehold sale.

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  • 29-06-2008 11:36am
    #1
    Closed Accounts Posts: 89 ✭✭


    Hi all.
    Last weeks dilemna was whether to buy a two storey or three storey property.
    After a week of discussion,debate and weighing up the pro's and con's we have come to the conclusion we prefer the two storey property.
    So a two storey it is.Now We are due to sign tomorrow or tuesday for a particular two storey in a new developement.This property is a leasehold sale.
    It is a 4 bed house with a two bed apt above.Now I have no problem whatsoever with an apt above and we love this house.
    My main queries was whether we could have a dog in time and erection of a sky dish.
    O.K after reading millions of articles I am aware there is no getting around the sky dish clause,just have to ? take a chance I guess.My solicitor has told me he has had a good look through contracts and the lease mentions nothing about not having a dog.Management company rules may differ of course.However there are dogs in the developement.
    I have no intention of signing any contracts until we have read them through and are happy.
    My question is has any one bought a similar property and can give me some advice.What are the main questions I need to ask my solicitor re leasehold.Solicitor has told me for example that by looking through contracts it would appear the house is treated as any other and I can build a conservatory for example.Can the management enter garden for instance.
    Can anything be changed in the lease on the day of signing for instance??
    Last but not least has anyone not signed at the last minute and are there any implications assuming of course you are not handing over a bank draft.
    Sorry for long post.
    We love this property,am I worrying too much or just being slightly neurotic!!!!


Comments

  • Moderators, Society & Culture Moderators Posts: 32,278 Mod ✭✭✭✭The_Conductor


    hotredhead wrote: »
    Solicitor has told me for example that by looking through contracts it would appear the house is treated as any other and I can build a conservatory for example.Can the management enter garden for instance.
    Can anything be changed in the lease on the day of signing for instance??
    Last but not least has anyone not signed at the last minute and are there any implications assuming of course you are not handing over a bank draft.
    Sorry for long post.
    We love this property,am I worrying too much or just being slightly neurotic!!!!

    You can build a conservatory? I'd be totally gobsmacked if this was the case.
    In general- you own the interior of the building- the management company owns the structure itself along with the entirety of the exterior. The garden is for your private use- but it is not your property. The Management Company can inspect the exterior (including the garden) without any notice and the interior with notice (unless there is a worry regarding the structural integrity of the building or whether any interior work impinges on this- in which case they don't need to give notice).

    The Management Company will also be painting, cleaning gutters, windows etc- periodically. All of this will be without notice- and can in some cases be quite startling (getting up in the morning half dressed in your bedroom suddenly seeing a face looking in the window at you.......)

    Re: satellite dishes- even if they are banned, a lot of Management Companies have recently agreed that a "Communal Dish" servicing perhaps 16 or 20 units might be allowable (in which case they organise to install it- most people whack a freeview or freesat box on it and free UK channels thereafter).

    Re: changes in leases- they most certainly do occur afterwards (though it has to be agreed by a quorum at an AGM or EGM). This can be to rectify unforseen events.

    S.


  • Closed Accounts Posts: 89 ✭✭hotredhead


    Thanks again S!
    This whole situation is killing me.Am I over analysing it?
    We all love this house and chances are we will move in and have no issues.
    I just always think of the worst case scenario.
    I have amended my loan offer once already and whereas it is valid for six months, ,I don't know if We can change again and again in the current mortgage climate.The funny thing is we had considered buying an apartment at the dart station in portmarnock where I am from and didn't have any issues,but all of a sudden it's a house with a garden and we (at least I am having a nervous breakdown re a bloody lease,my husband is fine!)


  • Registered Users Posts: 9,773 ✭✭✭antoinolachtnai


    If I needed to rely on advice like that from my solicitor, I would get it in writing.


  • Closed Accounts Posts: 89 ✭✭hotredhead


    If I needed to rely on advice like that from my solicitor, I would get it in writing.

    Thanks for the input antoinolachtnai.I have indeed spoken to my solicitor and am now much happier.As regards sky dish and pets there is no problem whatsoever as we are in a house.Both are forbidden in apartments so doesn't apply to us.Forbidden by management company not by lease.
    Regarding add-ons as in conservatory etc,there is nothing in the lease that contradicts this at all and both myself and my solicitor have checked this at length.Technically for all intents and purposes we will be buying(assuming we go ahead)a house with a long lease.
    I do hope not to forsee any problems in my lifetime,although I could be wrong of course.
    All we want is a nice house in a nice location,what we have got because of the current downturn is a large house with a massive garden in an ideal location for over 120k+ less than last years prices including appliances and flooring.(still overpriced in my opinion,but v good value for a 4 bed.)
    There are many houses out there,and not all of them are freehold.
    Assuming we go ahead with the purchase I would naturally hope all will go well.If we have any problems in the future I will be straight back onto boards with no hesitation.Thanks again for the input.:)


  • Closed Accounts Posts: 4,048 ✭✭✭SimpleSam06


    smccarrick wrote: »
    All of this will be without notice- and can in some cases be quite startling (getting up in the morning half dressed in your bedroom suddenly seeing a face looking in the window at you.......)
    Yikes, how hard is it to drop a letter in the postbox?


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