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Cash buying a leasehold property with an unspent conviction


Cash buying a leasehold property with an unspent conviction

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Dave Lister
Dave Lister
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As title, is there likely to be a problem with this? Smallprint in the leasehold agreement for example? 
dedalus
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hi I am not a legal professional or someone that knows conveyancing practice however if having an unspent conviction means
not being able to buy a leasehold property then we really live in a banana republic.
I would hope something like an unspent conviction would not prevent someone from purchasing a property.
Are you buying with a mortgage? If so you would have had to disclose your conviction anyway.
If you have not had to disclose you need to think whether it is worth disclosing it whilst buying the property.
How would a freeholder find out if you had an unspent conviction? do all landlords doing buy to let check every single criminal record
of the people they rent to? I very much doubt it so there must be plenty of people living in properties leashold with a criminal record.
How about people that stay for a short time hosted by someone at said properties? What if they have a criminal record?
AB2014
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dedalus - 11 Jan 22 9:34 AM
hi I am not a legal professional or someone that knows conveyancing practice however if having an unspent conviction means
not being able to buy a leasehold property then we really live in a banana republic.
I would hope something like an unspent conviction would not prevent someone from purchasing a property.
Are you buying with a mortgage? If so you would have had to disclose your conviction anyway.
If you have not had to disclose you need to think whether it is worth disclosing it whilst buying the property.
How would a freeholder find out if you had an unspent conviction? do all landlords doing buy to let check every single criminal record
of the people they rent to? I very much doubt it so there must be plenty of people living in properties leashold with a criminal record.
How about people that stay for a short time hosted by someone at said properties? What if they have a criminal record?

I have to agree with dedalus on this. As you're a cash buyer, there will be no questions in a mortgage application, and you would have to arrange your own insurance, so that wouldn't affect the freeloader freeholder. Unless they specifically ask you the question, if it's not in the paperwork then there's no need to disclose. If their insurance is affected by your conviction, it's up to them to ask, as it's up to them to tell their insurer, not you.

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Dave Lister - 10 Jan 22 8:25 PM
As title, is there likely to be a problem with this? Smallprint in the leasehold agreement for example? 

Hi
My experience with buying leasehold is once when I was going to buy a flat. Everything looked great i.e. no disclosure but then in the agreement the clause surrounding "building insurance" which the "freeholder" is responsible for, stated that the "freeholder" had to be informed of any convictions as they may affect the "building insurance". 

As I was going to rent it out at a future date I contacted a lawyer for advice and they stated there possibly would be issues surrounding whether those tenants would have to disclose. I couldn't get the issue resolved to my comfort so I did not buy the flat.

Hope this helps. 

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