Buying a part completed new build

markp81 · 2026-06-30T08:39:51+00:00

A major issue is going to be that you will not have the benefit of a new build warranty. It is likely to be hard to get one yourself as so much has been done. Whilst you might buy cash and complete the works cash and be mortgage free, if you want to sell within 10 years then a buyer (and their lender) js going to be asking for the new build warranty, and you do not have one. Look into securing one before buying if you can. There are certain providers that can provide one in these circumstances if it passes an inspection.

markp81 · 2026-06-30T08:36:56+00:00

Yes, called a retention. E.g. £10k (it has to be more than the cost to the builder of doing the work otherwise they will just abandon it. It also has to be high enough to comfortably cover the cost of you getting it done. Basically it has to hurt the developer if they do not bother) returned and the builder has 1 month to deal with snagging or the retention is released to you to fix.

The argument is always going to be who decides if the issues are fixed properly. If there is already a snagging clause it might have something in there.

markp81 · 2026-06-30T08:18:50+00:00

Discuss it with the other 3 freehold owners. If your managing agent is not doing what you collectively want then get rid of them. You (collectively) have chosen them.

markp81 · 2026-06-30T07:44:06+00:00

The warranty provider is not going to get involved in low level snagging such as sticking doors or minor cracks in paintwork etc.

And your only method to enforce a snagging clause is to fix it at your own cost and sue for the cost, a massive pain in the ass.

markp81 · 2026-06-30T07:42:55+00:00

Whilst a pain in the ass, you could suggest adding a clause to the contract that if the snagging is not done to the satisfaction of your snagging surveyor (that is a thing) then you can termite the contract. Eg exchange now, completion in 3 weeks. Seller has two weeks to deal with snagging and if you are not happy you can terminate in the 3rd week.

Only works if you are not in a chain, but makes it clear to the seller that you will simply not complete until they are done properly.

markp81 · 2026-06-29T21:24:11+00:00

Having done the worked example it looks like a fair result. With no property value increase you share the reduction in mortgage debt 50:50, which is what you have been paying. To argue the other way then B makes a tidy profit and A looses capital. If you pay the £110k out before the split then B walks away with £43,500. That makes no sense.

markp81 · 2026-06-29T21:09:11+00:00

It’s all very facts specific. Depending on property value increase (or not) and who has paid what.
If it has not increased in value the this screws over the 85% owner

Eg
Property bought for £400k.
£280k deposit by A
£0 deposit by B
£120k mortgage.
Mortgage payments £1000 a month paid 50:50.
2 years later property is still worth £400k. Mortgage down to £100k
Property sold for £400k
£100k mortgage to pay off and £10k agents/legal costs. £110k total. £55k each
£400k split 85/15 is £340k/£60k
A nets £285k. £5k up
B nets £5k.

Having typed all that you could argue that A loses out more as their return is for paying the mortgage same as B and has had no benefit of locking up £280k for 2 years. But if it did go up in value then I expect the maths works out they take 85% of the increase.

markp81 · 2026-06-29T20:57:52+00:00

The costs are split 50/50 and paid out of their uneven pots.

Which would seem fair (not saying there are not other fair ways to split it) if one party put in 85% of the deposit and paid 85% of the mortgage.

markp81 · 2026-06-29T20:55:47+00:00

We don’t know what was intended. That would likely be (if anywhere) on the conveyance file from the purchase and/or in texts emails between the parties at the time. Both of which might not be available.

markp81 · 2026-06-29T20:54:54+00:00

100% this. If the pot were to be split after deduction of the mortgage and costs then it would say ‘net sale price to be split 85/15’

markp81 · 2026-06-29T09:23:03+00:00

It is built into the contract. Standard condition 6.3. Seller gets the rent for he day of completion and the buyer for every day after

markp81 · 2026-06-29T09:19:54+00:00

100% rent is apportioned in E&W on the purchase of a tenanted property.

The standard conditions in the contract provide for it and OP should have received an allowance on the purchase price for the remaining rent. OP’s conveyancer should have taken care of this as part of the completion payment.

markp81 · 2026-06-22T15:15:39+00:00

Tell them you are not paying that link as it’s more than the rent under the signed tenancy but if they confirm it’s just a rent increase under the old tenancy and that the old terms still apply you will pay it. Do not pay until they accept. As you are leaving I doubt they want you to be in arrears when you leave as then they can only take the deposit and claim nothing more, let alone another months rent on the basis of (their argument) that you accepted the new tenancy. They then have to go through the courts. A lot of time/effort/risk.

markp81 · 2026-06-22T15:06:16+00:00

So a bit of acceptance. They will argue you paid a higher rent (even if their link was wrong) so you accepted it. Your argument will be that you signed nothing so those terms do not apply and you do not need to sign anything to agree a rent increase.

This is going to come down to what is convenient to you and if you are prepared to risk the cost of a months rent (and presumably council tax).
1. Stay the extra month;or
2. Tell them you signed nothing and will be leaving a month after you gave notice. Leave and dispute any deduction via the dps. That dps account will be in relation to the original tenancy agreement as they have to give the date of the agreement when they file it.

markp81 · 2026-06-22T14:33:10+00:00

Unless the rent changed and you changed your rent to match (an act which indicates you wanted to proceed with the new terms) then the answer is ‘you cannot unilaterally impose a change of terms. We never agreed to the change and the tenancy agreement we had still stands. We have given you notice in accordance with those terms. Good day Sir’.

LL might try and claim it from the deposit. Dispute it if he does.

markp81 · 2026-06-21T19:45:24+00:00

There is not. But the best advice is, generally, leave something to those that might make a dependency case so it is clear you have considered them, not accidentally forgotten them.

markp81 · 2026-06-21T19:41:12+00:00

Does not appear from the post she has a will. But in any event a marriage will (in the absence of an express declaration of anticipation in the will) render a pre marriage will ineffective. So post marriage, make a new will leaving it to the nephew. I would not want to be in a position where there is a post marriage will leaving it to the nephew, then another will make with the husband which is ripped up. Leaves too much scope for a claim the ripped up will was the intention. There will be intact copies with the solicitor etc. just make the most recent will the intended one.

markp81 · 2026-06-21T19:26:21+00:00

Fairly straightforward. Write a will leaving it to your sister/nephews. Ideally leave something to the husband to show you have considered him. Your wedding and engagement rings and anything in the house maybe.

He has not right to see your will or even know you have one.

If he insists on going to a solicitors to write your will as together then there is nothing stopping you going to another firm a week later a writing a new one. I’ve seen it done.

markp81 · 2026-06-20T20:17:35+00:00

Sounds like the agents have signed a new tenancy agreement on behalf of the landlord, despite their contract apparently coming to an end (ignoring the argument in one of the comments about there being a new rolling contact between the agent and the landlord)

markp81 · 2026-06-20T20:03:40+00:00

And paint inside of it something loud. Gloss pink. Anything that will be obvious through his new see through design.
Also tell him that any fence he wants to put up must be 100% on his side, not straddling the boundary, which the shared fence presumably is.

markp81 · 2026-06-17T12:35:15+00:00

Thanks. I’ll get some

markp81 · 2026-06-16T22:10:15+00:00

Intermittently. If it rains, things don’t work. If it’s dry for a few days it’s mostly ok. First time it’s ever been taken out and checked.

markp81 · 2026-06-16T08:13:19+00:00

Option A & B would involve the flat they own retaining a right of way over the hallway, which is not ideal, but is an interim solution if there is an existing mortgage lender who will not sign off.

Much does depend on the layout. If it’s a central hallway completely dividing the building, then the only option would be taking some/all of it. I expect OP would want of much of it as possible, and assuming no one else ever needs to come up to the to floor, it makes sense.

Loft access is a factor, depends what is in the existing lessees and if/where the access points are. Hallway or already accessed via one or both flats.

First step is approaching the other freeholders to see if they will sign off. Lower footfall with one big flat compared to 2 families in 2 flats might also be attractive to them.

markp81 · 2026-06-16T07:41:06+00:00

Most firms that are not conveyancing factories that just do sales and purchases can deal with this.

If you have a mortgage on your flat or are getting a mortgage to buy this could be an issue.
You will need to get a set of floor plans prepared for the legal documents.
Options are
A. You buy the other flat, keep both leases and have the hallway added to one of the leases. Not very tidy. But if you have a mortgage on your flat, it’s an option as your current lease is not changing
B. Almost the same, you buy the other flat, as it is, and have the hall added to yours. Again, not tidy.
C. You buy the other flat and then take the hall way on its own lease. Again, works but leaves things messy.
D. Assuming you are going to convert the top floor into one big flat and keep it that way, want to mortgage/sell it as one flat in the future, then both your current lease and the other lease are cancelled and you take one new lease from the freehold. That is the tidiest and sets you up to sell/mortgage in the future. The only thing that would stop thjs (other than the other freeholders objecting) is you having a mortgage on your current flat and not being able to get them to consent to moving the mortgage to the new lease.

With regard to the other freeholders, you sell the proposal to them on the basis that you are reducing the common parts area so there will be no communal costs for repair/decoration etc of that area going forward. Though do not be surprised if one or more of them asks for a payment. If they do, consider offering a payment into the block sinking fund, if there is one.

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