Not sure what to do or where to post

charmedy2k

Hi all

My fiance and I brought our Flat in March 2005 :T . I was happy, it was a new build and we were gifted £25000 deposit. It was in june 2006 that I discovered that the people downstairs had cockroaches and they were now starting to make their presence known in our flat. As you can imagine I was horrified but I was even more livid after further investigation when I found out that all the flats had had them for at least 4 weeks before I started seeing them and not one of them had even bothered to contact the managing agent or inform their neighbours of the problem.
So I've contacted the managing agents and they've sent out the pest control people. And the nasty people living downstairs couldn't be bothered to take the time out to get their flats treated, so even though my flat is being treated it is a pointless exercise as the cockroaches will just keep coming back .
This has become such a problem for me that I no longer want to live there, I cant imagine what kind of people are happy to live with cockroaches and there a 4 flats who haven't even met the pest control man, yet I've seen him 3 times in the last 4 weeks.
So my problem is what can I do? I cant imagine that there'd be someone willing to purchase our flat at full market value knowing that cockroaches are living with them too! I have spoken to one of those companies that buys your property from you but I will still lose 10-15% of the market value and our flat is worth £250000, thats a helluva lot of money. Help me please!!

klaatu

I would think your local Environmental Health department will be able to help.

charmedy2k

If only it was that easy! They were the next people I called after the managing agents. All they said was that I would have to pay £149 for them to send pest control round and that would only cover my flat, not the whole building. I've told them that we have a young child and the people downstairs have done nothing about the situation and they've told me there is nothing they can do!
I just want to get out so desparately now, I can't believe how our dream house has turned into such a nightmare:eek:

sportbeth

Surely though the EH have a responsibility to cover all the flats once they know about it. Is it worth making or trying a complaint to your local council? Mine tend to be quite helpful and if they can't help they at least always point me in the right direction

tifnstav

I would check the lease to your flat, you should havfe got a copy from your Sols when you completed.
There will probably be a covenant (a clause that is legally binding) in there saying something along the lines of "the lessee, ie flat owners, shall not allow any activites on the premises which could be a nuisance or danger to others".
Each flat owner would have a similar clause in their lease and you could get the lessor, that it the freeholder to enforce the lease (the freeholder might be a different party than the managing co).

charmedy2k

Thanks I will check the lease tonight!
Just had an estate agent round to value the flat and even with the cockroaches he thinks we could get £269950

But he did say that he didn't think we should mention them unless we had to which I think is totally wrong not to mention that I'm sure its illegal! so I don't think we'll be using him.

I having another estate agent round tonight so i'l see what he has to say.

samspam

I'd check out the properties misdescriptions act. From my knowledge you can't LIE if you are asked a question, just as you can't misdescribe the property on the details. As for non disclosure of something like an infestation then I am not really sure.

dmg24

Non disclosure wouldn't be a problem if you hadn't notified the LA and the managing agents, it would be very difficult to deny knowledge at a later date if challenged!

With regard to the neighbours, does your lease not contain a clause relating to the right of the managing agents to enter the property in circumstances such as these? Therefore they could oblige the others to give them access?

UK007BullDog

Write to the managing agent and tell them that if they do not take action and enforce their side to get access to the flats in question that you are going to start withholding your service charge.

Trying to sell the flat wont work because the next people moving in might take you on to court as you did not disclose the issues.

Also do some detective work and talk to the managing agent in such a manner to get a positive response from the person on the other end on the phone. Get their empathy, not going in with all guns blazing. By detective work I mean find out exactly how many people live in the other flats etc. There might be some illeagal stuff going on like multiple occupancy or some serious subletting etc. Find out why the other occupants have a cockroach problem. Maybe they are embarrassed so dont say to them they are coming from their flats, as then you are saying they are the filthy lot. Dont accuse them (even if you are very angry and it is them being filthy), just have a chummy chat and get them to help you get rid of the problem.

Of course if you dont have a good relationship with them then you need to get on with the managing agents.

Good Luck!

clutton_2

one of my properties received a notice from the council as follows

"""a notice pursuant to Section 4 of the Prevention of Damage by Pests Act 1949 was served on your tenant Ms .... at the above address.

The notice requires MS... to clear the back alley of an accumulation of waste which had been allowed to build up there including carpets, fencing, and suitcases. The council was concerned that the waste, if left in situ, could attraact/harbour mice, rats and other vermin.""

i would go back to the Council, quoting this Act and get them to write to the neighbours.