Taking the previous home owners to court

biggysmalls · 26 April 2017 at 10:15AM

Hello,

Apologies for the long winded message in advance...

In March 2015 the previous owners of my flat put it up for sale, declaring that there were no ongoing disputes between the neighbours (20 flats in total). It turns out that there was the early stages of a dispute between one flat in the block and the rest of the flat owners and also the management company regarding damage caused from a leaking roof and neglect of the property and the cost of repairs.
In June time it seems as though the dispute increased and started to formally involve all the flat owners and getting estimates for repairs and who is responsible etc.
In November/December I purchased the flat and moved into it (I put an offer in around July/August) and the first I heard about this dispute was when I received a letter through the post after I had moved in.
The bill is around 20 grand, a large percentage of which looks as though it will be split between all the flat owners..
The estate agents said it was nothing to do with them. The sellers solicitors said they cannot deal with me, they can only speak to my solicitors. My solicitors have said their fee for taking on this case would be around 16 grand, which is ridiculous. I have no contact information for the previous sellers other than an address I found on some paperwork, so I sent them a letter and have not heard anything back from them.

I was wondering what i should do in this situation, I have rang and written to five No Win No Fee online lawyers who have all not responded. How could I personally take somebody to court when I only have their surname and what may not even be their address?

p.s. there was a second issue which was that I was told by the estate agents that the water rates were included in the management fee, after one year of living at the property I got a water bill through for the previous 12 months. I have evidence of me asking for clarification of this in an email, the estate agents told me that the previous sellers told them the water rates were included and have wiped their hands with it.

Please help!
Thank you you any replies in advance!!

Paul

Out,_Vile_Jelly · 26 April 2017 at 10:32AM

What did your solicitor say when you got them to check outstanding lease issues, management charges and utilities at the time of purchase? Standard questions when buying a flat surely.

saajan_12 · 26 April 2017 at 11:21AM

* The estate agents are there to advertise the property and are paid if the property is sold. The details of the contract are negotiated between solicitors and have nothing to do with them.
* The seller’s solicitors have no relationship with you so do owe you a response.
* You have a contract with the seller so they are the party to claim against. You could go to your solicitors for any information they hold about the identity / contact details of your seller rather than to represent you in the entire case.
* Water rates: The EA’s info is likely irrelevant as they will claim thye just passed on what they were told. What matters is the lease and management contract, in the paperwork provided through your solicitor – check this with them.

biggysmalls · 26 April 2017 at 11:22AM

The answer given by the previous owners was ambiguous, this is because the management company deal with the admin of the water rates and then send me the bill annually.

biggysmalls · 26 April 2017 at 11:23AM

Thank you, I shall go back to them.

AdrianC · 26 April 2017 at 11:36AM

biggysmalls wrote: »

In March 2015 the previous owners of my flat put it up for sale, declaring that there were no ongoing disputes between the neighbours (20 flats in total).

In June time it seems as though the dispute increased and started to formally involve all the flat owners

So in March, it didn't involve all owners?

When was the PIF signed and dated?

The bill is around 20 grand, a large percentage of which looks as though it will be split between all the flat owners.

So your share will be under £1k?

My solicitors have said their fee for taking on this case would be around 16 grand, which is ridiculous. I have no contact information for the previous sellers other than an address I found on some paperwork, so I sent them a letter and have not heard anything back from them.

I was wondering what i should do in this situation, I have rang and written to five No Win No Fee online lawyers who have all not responded.

There's a clue in all of this somewhere for you.

How could I personally take somebody to court when I only have their surname and what may not even be their address?

You could employ a private investigator...? It shouldn't cost more than a grand or so...

p.s. there was a second issue which was that I was told by the estate agents that the water rates were included in the management fee, after one year of living at the property I got a water bill through for the previous 12 months. I have evidence of me asking for clarification of this in an email, the estate agents told me that the previous sellers told them the water rates were included and have wiped their hands with it.

I've never heard of water bills being included in management or service charges, but it's possible. Did the management package not say anything about it? It's your responsibility to do sufficient DD for yourself. The EA can only pass on whatever the vendor has told them, and there's at least as much risk of it being chinese whispers as gospel.

sparky130a · 26 April 2017 at 11:42AM

You really need to let this go.

I can't see you getting a satisfactory outcome. Certainly not with all the hassle/time/potential cost involved.

davidmcn · 26 April 2017 at 11:43AM

AdrianC wrote: »

You could employ a private investigator...? It shouldn't cost more than a grand or so...

Tracing agents are typically much, much cheaper than that, and some do it on a "no find no fee" basis.

AdrianC · 26 April 2017 at 11:56AM

davidmcn wrote: »

Tracing agents are typically much, much cheaper than that, and some do it on a "no find no fee" basis.

The subtlety of that deliberate choice of a random figure was clearly wasted.

saajan_12 · 26 April 2017 at 12:27PM

AdrianC wrote: »

I've never heard of water bills being included in management or service charges, but it's possible

In my flat the water charges are included in service charges and I believe there's no separate water meter for any of the 400+ flats in this development (12 years old) nor in the new build estate down the road.

But if this is the case for OP is upto their own queries with the freeholder / management company or by checking the lease / management contract. You can only have a claim against the vendor if they specifically lied, not if they gave vague but technically correct answers.

pinkpiglit · 26 April 2017 at 12:28PM

AdrianC wrote: »

I've never heard of water bills being included in management or service charges, but it's possible. Did the management package not say anything about it? It's your responsibility to do sufficient DD for yourself. The EA can only pass on whatever the vendor has told them, and there's at least as much risk of it being chinese whispers as gospel.

While the above is not exactly the topic, I thought I'd add that our service charge includes the water bills for our whole apartment block. Personally I wish it didn't and that we each had our own meter - my OH and I generally take showers, whereas there are families with kids who I assume use baths (and therefore a lot more water!) than us.

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Taking the previous home owners to court

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