Property misrepresentation-should I sue?

Distressed_Homeowner

Thanks for the replys-

Latest is solicitor says there is a case to pursue, depending on how much evidence I can provide, the noise issue may be difficult to prove but the HMO situation is more cut and dried.

I think I will pursue this, as I think there the sellers have something to answer for.

The HMO situation upstairs will be resolved either by the freeholder or the council, so I am not to worried about that being sorted. I wonder if the leaseholders mortgage lender might also be interested if their investment is at stake?

I am hopeful if the leaseholder upstairs will have to do the flat up or sell it if they are stopped from using as a HMO. Maybe leading to better tenants upstairs(fingers crossed).

phill99

Distressed_Homeowner wrote: »

Thanks for the replys-

Latest is solicitor says there is a case to pursue, depending on how much evidence I can provide, the noise issue may be difficult to prove but the HMO situation is more cut and dried.

I think I will pursue this, as I think there the sellers have something to answer for.

The HMO situation upstairs will be resolved either by the freeholder or the council, so I am not to worried about that being sorted. I wonder if the leaseholders mortgage lender might also be interested if their investment is at stake?

I am hopeful if the leaseholder upstairs will have to do the flat up or sell it if they are stopped from using as a HMO. Maybe leading to better tenants upstairs(fingers crossed).

Problem is that the flat owner upstairs maybe genuinely ignorant of the fact that his flat is being used as a HMO.

I do work for a lot of landlords. Some time ago we refurbished a house and it was subsequently let out to 2 Polish tenants. Over the next 6 months I was called back about 4 times to do some snagging and a couple of minor repairs. Each time I went back there were more and more mattresses on the floor in every room. In the end 12 people were living in a 2 bed house. But the LA knew nothing about it and the LL only found out because of I told her.

So by default, this house was becoming a HMO without the LL's knowledge or consent. In the end the LL didn't renew their lease as this was easier than taking them to court.

Plus you need to deal with the noise issue at source, rather than trying to mask it which will be a lot easier than putting the previous owner into court.

And if the noise issue is dealt with via the freeholder or the flat owner, the issue is then resolved. So what will be the point of taking the previous owner to court. What will it achieve?

Distressed_Homeowner

The leaseholder does know, I have spoken to them, they do the letting themselves. But I have nothing to gain by being aggressive with them so I was nice but firm and told them I want the tenants out and that I had informed the freeholder.

I am pretty sure if the council do investigate, a lot of issues will surface. Gas safety, fire safety, overcrowding, council tax.

Does anyone know how the council would deal with this if I reported it?

I have nothing to lose now by getting the council involved as it already a dispute I cannot cover up when I come to sell.

phill99

Distressed_Homeowner wrote: »

The leaseholder does know, I have spoken to them, they do the letting themselves. But I have nothing to gain by being aggressive with them so I was nice but firm and told them I want the tenants out and that I had informed the freeholder.

I am pretty sure if the council do investigate, a lot of issues will surface. Gas safety, fire safety, overcrowding, council tax.

Does anyone know how the council would deal with this if I reported it?

I have nothing to lose now by getting the council involved as it already a dispute I cannot cover up when I come to sell.

I agree with what you are saying. Once it is resolved, I wonder what the point would be in taking the previous owner to court.

budgetdiyer

Get environmental health (council) involved now! That process will take ages!

irishcol

Distressed_Homeowner wrote: »

Latest is solicitor says there is a case to pursue, depending on how much evidence I can provide, the noise issue may be difficult to prove but the HMO situation is more cut and dried.

Not to be too cynical, but the solicitor will be happy to take on the case, as it's likely that he will be paid to do so, regardless of the outcome. He's presumably not "no win, no fee", so there's no reason why he wouldn't encourage you to take it further.

Distressed_Homeowner

Latest news-
Things have quietened down a bit. Bottom line is we love the flat, just want to be able to sleep at night.

Decided not to sue vendors, as cost and stress would probably outweigh any possible damages(if any).

Freeholder is dealing with breach of lease, but will take a while to resolve.

Leaseholder of flat above has promised to move tenants out, terrified of being reported to council from what I can make out, I am giving them some time to do this. Have discovered they own a house which is also let as a HMO, the state of that place is much worse than than flat above us, windows don't shut, missing glass from windows etc. Can't understand why the neighbours haven't reported it before.

Leaseholder of flat is now also considering selling up, I think if I keep pressure on and bring in council, could force their hand.

Anyone any thoughts on whether buying the freehold would be a worthwhile move?