Leasehold and Freehold Reform Bill will deliver more rights and protections
2 years ago | 2 comments
Damp structural issues in leasehold flat?
12:03 AM, 28th November 2023, 2 years ago
23
Hello, can anyone assist me with a damp issue relating to a flat I bought on leasehold last December? I realised there was a problem which I didn’t pick up on inspection, as the areas of the problem were obstructed.
I didn’t have a survey done as I was in the grieving process and felt I had to be on the move ASAP, I know there is no excuse I just wasn’t thinking right at that time. I obviously did not bring this problem with me, and my solicitor was very unhelpful. He thought the property was freehold, my flat was built in the 1920s and there is a history of these damp structural issues in my street, at least 6 properties in the last 5 years have had remedial work, and also one person going through this procedure for the third time in the same house.
My adjoining neighbour had the structural issue repaired 5 years ago, but my freeholder said there is no interconnection between my flat and his although they were both built on the same base, can anyone assist me or point me in the right direction please? I was served with a section 20 notice last month, and I dispute his response to my concerns.
Any advice or assistance would be extremely grateful
Thank you,
Gordon
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Member Since January 2015 - Comments: 1450 - Articles: 1
1:27 PM, 2nd December 2023, About 2 years ago
Reply to the comment left by gordon simpson at 02/12/2023 – 09:49
You certainly need to make a formal complaint re your solicitor.
1.It would have been obvious it was a leasehold property by the contract and Official Office copies sent bythe sellers solicitor. Smacks of incompetence
2. That the solicitor went against your express instructions re the LA searches. Hopefully this was in writing Is breach of Professional Conduct/Standards.
https://www.resolver.co.uk/consumer-rights/solicitors-not-implemented-instructions-complaints#:~:text=If%20your%20solicitor%20is%20in,be%20referred%20to%20the%20SRA.
https://www.mylawyer.co.uk/problems-with-solicitors-a-A76076D34233/#:~:text=Complaints%20about%20professional%20misconduct,-All%20solicitors%20must&text=For%20example%2C%20if%20your%20solicitor,about%20you%20without%20your%20consent
Member Since August 2023 - Comments: 94
1:41 AM, 3rd December 2023, About 2 years ago
1 you should have a cc of the insurance policy, this cannot be withheld from you
2 as stated the sellers declaration should have informed you of a problem
3 if you have to pay try to pay with your cc , this gives you extra protection.
4 get your own surveyor in.
5 the freeholder should have obtained three quotes
6 If you’re Flat had a management company, they should have been an AGM, minutes notification of situation and what action had been taken . Your solicitor should’ve asked for this..
7 If you’re going to have the Walls stripped back, you may want to consider if any additional sockets, plumbing or other works, could be done, prior to plastering.
8 works, should have a guarantee and a certain amount of money should be held back for an agreed period i.e. six months to ensure the works are effective
Member Since June 2023 - Comments: 13
12:00 PM, 3rd December 2023, About 2 years ago
Thank you Southern Boyuk,my solicitor has been less than helpful in all matters relating to this flat i bought,i didnt even get a copy of the lease until june 12th,exchanged contracts November previous year,i also reported to him that a mini freezer full of (rotting) food had been left at my back door,and it took almost 6 weeks to remove it,…would that involve “vacant possession”in any way. ? …quite simply used the wrong solicitors…..and they even thought that my FLAT was freehold…..many issues to contend with,but just trying to get by as best i can as i have little knowledge of leasehold laws.