Cautionary tales of leaseholder regret

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Make sure you know exactly what you’re buying

If you buy house or flat, make sure you buy one that really belongs to you. The dangers of not doing so – of buying a long leasehold instead of a freehold in England or Wales – are becoming clearer every day.

Who, for example, could possibly imagine paying £520,000 for a flat and then finding themselves being evicted because their lease has been made “void.” That, says Helen Davies in the Sunday Times, is exactly what has just happened to one leaseholder.

His freeholder – who lived in the flat below him – got fed up with him breaching the terms of his long lease (with “unauthorised renovations”) and eventually started forfeiture proceedings against him. He failed to turn up to court. She took over his flat.

Anyone who thinks that a leaseholder is anything other than a tenant who has paid a lot of rent upfront needs to read that story again. He isn’t. This happens “60-70 times a year”, says Davies, and is “threatened routinely”.

However, there are many stages of misery between buying and the extremity of forfeiture. A report out from Propertymark this week (Leasehold: A Life Sentence) makes the point.

Almost half those who have bought leasehold houses in the last ten years didn’t know that’s what they were until too late, presumably partly because 65% of them used the solicitor the housebuilder recommended.

Two-thirds feel they were one way or another missold; 50% didn’t understand that their ground rent would escalate; and, worst of all, a third of those trying to sell find that “they are struggling because they don’t own the freehold” That makes sense.

Who would want to buy – other than at a hefty discount – into a property arrangement that means you have to pay for the upkeep of communal areas (on top of your council tax) and also might have to pay just to make cosmetic changes to “your” house – 10% of those surveyed said had faced a charge for doing so. Think £887 to change the kitchen units!

No wonder that 94% of the 1,000 leaseholders surveyed said they regretted buying a leasehold.

Buying a flat in London under an old leasehold with clear service charges and very low ground rent is not as risky as buying a new build leasehold from a rapacious house builder. But the overall message here is pretty clear: don’t join the 94%.

disfi.com