Beware of the retirement-home debt trap

Most people think that owning a house of one kind or another is a route to freedom. Sometimes it is, but all too often it is also nothing but another passage into debt slavery.

We’ve written before about the misery of those who own holiday flats in Spain that are now in negative equity and are impossible to sell. It’s also been noted many times that shared ownership isn’t all it’s cracked up to be (see here and here, for example).

And we’ve looked at old fashioned time shares. If you have one of these you’ll know by now that they are hard to give away, let along sell, and if you’ve inherited one you’ll know that the maintenance fees just keep coming. This is one of the few liabilities that doesn’t always disappear on death.

But there’s a relatively new entrant into the property slavery world that is only just beginning to get attention -  the retirement flat. Around 200,000 people own these. On the face of it, it isn’t a bad idea at all. You get to live in a community with other over 55s. You get alarm systems, wardens and various communal areas, all of which should make living independently easier for longer. And you get to keep on owning your own property too. But unfortunately, as with so many things involving money in the UK, while the theory is good and some operators are honest and owner friendly, the practice sometimes isn’t. 

The thing to note is that these properties are usually sold as leaseholds rather than freeholds. That’s not necessarily a problem at all. But the lease agreements on this kind of flat can be dishearteningly restrictive – particularly if you need to sell.

Let’s say you own a retirement flat but have to move into care, or perhaps that you inherit a retirement flat. They aren’t that easy to sell (presumably in part because they can be sold to such a small part of the total market) – taking an average of 236 days to get shot of, against 148 for the average property, according to the Sunday Telegraph. But while you wait to sell, the service charges (and sometimes ground rent) will still have to be paid. That might not be unreasonable – after all, if one flat isn’t paying up the others have to cover the difference. But service charges don’t come cheap. Think anywhere from £3,000 a year up.

You might also find you are obliged to bring the flat up to ‘as new’ condition pre-sale, that you can’t rent the place out – or that if you can you have to pay ‘transfer fees’ to the freeholder. And when you do sell you will usually find that you have to pay another set of transfer fees – usually of around 1% of the sale price of the property, but sometimes much, much more. The Sunday Telegraph suggests some freeholders charge up to 5%, but others report up to 12.5% although the worst offenders are now being investigated by the OFT.  And if you want to improve the property to sell it faster? You might find you have to pay a fee to do that too.

On the plus side, retirement properties often serve their owners very well while they are living in them (assuming they can afford the service charges) and unlike most timeshares they do have some value – it is just that they don’t have quite as much as they used to. This one appears to have been listed at £114,000 in 2008, but has now either been sold or taken off the market at less than £60,000.

There was some talk back in 2008 about how the retirement home market would be insulated from the crash. That doesn’t seem to have worked out

18 Responses

  1. 1

    09/07/2012, Robin wrote

    Get rid of leasehold. The notion that you have a mortgage on a house that is never really yours... Its a con.

    Asking who in their right mind would actually sign up to the concept is a bit redundant... because obviously people do. I guess it has to do with herd mentality. If society seems to expect you to buy one of these things, then I guess its ok....

  2. 2

    09/07/2012, NeutronWarp9 wrote

    Leasehold tenure has been around for a long time and for good reason - it conveys a period of time for exclusive possession. How else can you legally sub-divide a building into individual assets (flats) and leave the structure, grounds and common areas to be covered by a service charge? Onerous SC conditions should help retain value because maintenance standards, etc are protected and not-so-uncommon cantankerous late-payers should have proceedings taken out against them ASAP.
    Assuming the SC is not excessive and is fairly reviewed, the only point to be careful of is the length of term. If I bought a long leasehold (say, over 60 years) flat I would want sufficient length of ownership to leave value for my heirs; say 120 years in total.

  3. 3

    09/07/2012, Robin wrote

    How about selling flats under terms where the lease never expires? That would change the terms of 'ownership' into actual ownership rather than long term rent. They do this in other countries. In the UK, we have this major 'gotcha' con for the unwary. What about consumer protection? The notion is absurd.

    Also, the statistics would be more honest. How many people who statistically own their own home, have a lease rather than actually have an asset they own indefinitely? When someone is a FTB buying a leasehold apartment, is he really a first time buyer of a property asset he will own?

    What's the point of taking out a mortgage to buy a lease? A lease is in effect rent paid upfront... While a mortgage is a form of rent... Pointless...

  4. 4

    10/07/2012, James Wilks wrote

    Robin. Do some reading. Share of freeholds exist all over the UK. They are just a hassle to some people. Banks in certain cases are also reluctant to lend against them.
    Leasehold ownership is safe and secure in the UK. There is also lots of law in place relating to leasehold reversion and leasehold extension.

  5. 5

    11/07/2012, James Cooke wrote

    I know hindsight offers 20/20 vision and all that...but when buying leasehold property always check the lease. And make sure your conveyancer spells out exactly what you're getting yourself into.

    There's nothing intrinsically wrong with leasehold it's just people need t be aware of the law. When they're not there's always room for sharp practice.

  6. 6

    12/07/2012, Dave wrote

    All leasehold does is entitle you to live in a property. It is never yours. The concept should be dropped completely, with management of flats controlled by the joint commonholders.

  7. 7

    14/07/2012, LYNNE wrote

    I cannot understand why anyone would want to buy a leasehold retirement flat when it is far cheaper and more flexible to rent.
    There is a company called Girlings who do retirement flats all over the country, its a far cheaper option and you're not locked in to one area.
    If you dont like your flat - hand in your notice and get another one in a different area - you can live by the sea, up north, down south, in the Cotswolds - in fact all over the country, and when you get fed up with that - just change scenery ... easy peasy.. Oh and by the way if you want to know what to do with the money you've got from selling your old house? Stick it into Zopa for a 7% plus return .... Now that should cover the rent with a bit left over for all those cruises!
    C'mon Baby Boomers, its time to rock n' roll and join the revolution!

  8. 8

    15/07/2012, rochelyre wrote

    I've lived most of my adult life in France where the concept of leases is unknown. Every block of flats or similar is a 'co-propriété' where the whole block comprises, for example 10000 portions. Each owner will have a responsibility for a certain number of these portions and will pay pro-rata for the service charges. The co-owners can choose to manage it themselves via a committee or appoint a management company. More important, they can change the management company if they want to. Far, far better than a lease-holding where you have no control at all. Not even a vote.

  9. 9

    16/07/2012, john wrote

    mothers lease taken out 14 years ago is 99 years,they can only increase the ground rent by the rate of inflation with a max of 5% which ever is the lower.she pays currently £110 per month in a bungalow.part of the complex had a nursing home attached if you got unable to look after yourself you could move in .
    but the government interfered. the nursing home had 9 rooms 2 people to a room all the people new each other and were happy . some beaurocrat decided the rooms were to small and they were only allowed 1 to a room so it had to close as it wasnt finacially viable with 9 residents.home now sold to a family.no nurses on call now only the previouse owner whose now the gardener who is reluctantly on call.he claims nothing to do with him as " only the gardener " and sold my mothers care to a new owner, yet we find out 4 weeks ago his sister owns the new company and he`s company secretary!though the ground rent seems reasonable all the facilities and care have gone.

  10. 10

    16/07/2012, Boris MacDonut wrote

    I knew an old chap called Tom as a boy. He had worked all his life on a farm and had a lifetime agricultural tenancy on a two bed cottage (with an outside loo). At the age of 80 in 1982 he was still paying 30 pence (6 shillings) a week for it. Probably agreed during the war.
    Admittedly 30p went further in 1982, a pint of beer was about 80p. How times have changed for our elderly.

  11. 11

    16/07/2012, DEBTHELPER.COM wrote

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  12. 12

    18/07/2012, Neverrachman wrote

    Residential long leaseholds are abominations and no more than a perpetuation of the feudal system. By definition they are wasting asset, yes there is plenty of law out there supposedly governing the landlord and tenant relationship but there are also plenty of aggressive exploitative reversioners who ignore the terms of the lease and attempt to extort fees for various matters knowing that the vast majority of tenants have neither the knowledge or ability to fight them. It is perfectly possible to divide a building into freehold portions but there is also a purpose designed tenure known as Commonhold but which has made no impact since it's introduction 10 years ago because it doesn't suit the housebuilders who get to sell the property twice, once to the mug who pays the premium for the lease and then again to someone else who pays a small sum for the freehold.

  13. 13

    18/07/2012, Mark, Bristol wrote

    Great article as ever Merryn - your readers interested in retirement property may be interested in looking into St Monica Trust, a charity in Bristol. Each resident is granted a 125-year lease and residents pay a capital sum in return of a 90% share in the property, 10% retained by the charity, When the resident dies or transfers to the care home (there's nursing care and dementia care on site), they give notice and transfer the property back to the Trust and are given back what they paid for the property. In the current housing market, that's a great deal and if we hadn't had an unsustainable house price bubble, the knowledge that you get back 100% of your money or that your estate would I'm sure would suit many people wanting to plan ahead and want transparency in their dealings. But caveat emptor as always applies - no two retirement housing provides are the same.

  14. 14

    24/07/2012, Dr . D. Keiller wrote

    This article is a paradigm of the situation at Cavendish Court, Cambourne.
    Property prices have fallen by over 50%, leaving some owners nursing £100,000+ losses. Properties lie empty for years but you still have to pay full ground rent and service charge, even if you cannot live in the property. Again some non-resident owners "gifted" with such properties have paid out £30,000+ in such charges whilst waiting for a sale that never comes.
    To cap it all Bovis (The Builders) did a legal, but highly dubious deal with Kingsdale (The Management Company) to bypass the residents' right of first refusal for the Freehold. Mr. Butchart (MD Kingsdale) then had the brass neck to tell the residents in open meeting that "You can have the Freehold, but you will pay a premium".
    Finally to add insult to injury, residents still have to pay 1.5% of any sale price to Bovis, even though they are no longer the Freeholder.
    What a stitch up!

  15. 15

    08/11/2012, andy 7671 wrote

    Well reasoned ponts from all above. Could it be that a lot of people move into these blocks for emotional reasons..?

    Loosing a partner or worried about being a burden overide logic.

    The residents seem happy enough in the block where I inherited a flat. For my part, 6 years unsold, worry about debts have made it a nightmare.

    Renting propert out...? Girlings charge 15% Tax 20% maintenance charge and upkeep make it unviable, plus who could evict a little old lady....?

    Hmmm, what to do, what to do...?

  16. 16

    10/01/2013, Steve Davis wrote

    Retirement homes are becoming more popular among the retired property and are a great way to get quality accommodation for a great price. They are definitely something that I would recommend.

  17. 17

    14/03/2013, Annette Hancock wrote

    Just inherited a 1 bedroom flat. Am paying out monthly on maintenance. Currently complex has no Warden and there is a legal rangle going on regarding running of complex. Add to that how hard they are to sell and I am thoroughly depressed now (and out of pocket).

  18. 18

    21/03/2013, Bob wrote

    I gave up a nice house and garden to live in a retirement flat and now that I want to sell nobody wants to know. Estate agents, mortgage advisors etc quickly lose interest when I mention what I am trying to sell. Loneliness, depression and boredom living amongst people 20 years my senior. I want to get out of here one way or another!

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