2nd floor flat 100% responsible for roof ?

DVardysShadow

richimgd wrote: »

@ hazyjo I have emailed the questions so I will see what I get back in writing as they are quite direct questions so will have to see how they are answered. Surely I could have some potential legal comeback or at least would be good to show a solicitor? I don't know how best to approach this now since I don't yet have a solicitor / contact.

For you to have any prospect of a comeback for any misinformation, you have to gain that information through the legal process via your solicitor. OK, certain misrepresentations can put the Agent into a lot of bother. You will only get to the bottom of the issues once you have engaged a solicitor.

richimgd

I think I will have to get in touch with a solicitor then although not sure now if I should wait for a response from the EA since they havent got back to me yet - I could call them tomorrow if I haven't heard from them. I have a mortgage advisor contact who will hopefully put me in touch with a solicitor.

I understand the EA might have found the questions a bit difficult judging how he seemed to not want to give much information away. It didn't stop him from being very keen to ask me if I wanted to put an offer in and the seller was very interested in doing a deal, but I have all these questions left unanswered! As if I am going to put an offer on something I don't even know what I am offering against yet...

propertyman

Estate agents in the main do not understand such things- they are matters which the "solicitors sort out later", there is interest only in the offer.

They rely on the commitment and interest in the property and how it affects your life, to force you into a compromise on matters rather than offer on an informed basis.

richimgd

propertyman wrote: »

Estate agents in the main do not understand such things- they are matters which the "solicitors sort out later", there is interest in the offer.

They rely on the commitment and interest in the property and how it affects your life, to force you into a compromise on matters rather than offer on an informed basis.

Fair enough. Well the EA would have picked up that the property suited me quite well but I had a few concerns. I wanted to find out more about these concerns before even thinking about putting an offer in, but maybe I could have made an offer to show I was really interested but I would then I would have to potentially lower the offer if I found some of the potential issues existed. I didn't want to jump straight in with an offer before knowing at least a general outline of the facts. Theres so much I dont currently know. I've never made an offer on a property before being a FTB - so currently just doing things in the way I thought would be best rather than from experience...

DVardysShadow

richimgd wrote: »

... I understand the EA might have found the questions a bit difficult judging how he seemed to not want to give much information away. It didn't stop him from being very keen to ask me if I wanted to put an offer in and the seller was very interested in doing a deal, but I have all these questions left unanswered! As if I am going to put an offer on something I don't even know what I am offering against yet...

A rare occasion when I suggest putting an offer in writing. Basically, you note down all the things they tell you, because those are the things they think you want to hear. You describe these as assumptions and make your offer subject to those assumptions. When the assumptions are invalidated by facts, you reduce your offer accordingly.

richimgd

Ah right I see what you mean, that's pretty good advice. I'll probably do this if and when I make an offer!

propertyman

I would suggest that you make an offer subject to contract, and survey to establish the condition of the roof, and your solicitors review of the leases to ensure that they are adequate to maintain the building.

I would first locate a local firm of solicitors asking them to deal with conveyancing for a flat purchase but that you first need them to look at the leases to see if they are adequate, before commencing work on the conveyancing.

Once you have a firm and agreed costs, you make an offer and if accepted you can avoid the agents tame solicitor/ conveyancer in favour of good local advice.

This sort of responsibility is not unusual, you just make to sure the lease reflects that , particularity if the block needed underpinning or new drains, that the leases forces the GFF to actually do that!

richimgd

Hi there,

Just an update with this flat: I am still interested in it and have also contacted the neighbours since I wasn’t getting much help from the EA with my questions. I spoke to the owner of the GFF who has lived there for 20 years. She said that she is responsible for the basement and foundations but still to check with a solicitor although she said they haven’t had any problems such as subsidence but said it would be her responsibility to sort out. She said the landlord/freeholder is absent and was last known to live in the isle of man. By the sounds of it they are left to their own devices as he doesn’t sound like the easiest person to get in touch with if there is a problem. There is no maintenance charge or company looking after the property, so it is really a case of everyone being responsible for 'their bit' which would include the roof for the top flat.

I am looking into this still, but if the top flat is responsible for the roof, would this usually include just the tiles and general roof structure, or would it also include the guttering, fascia boards? Also the chimney stack on the roof has 12 chimney pots on it! I would guess that would work out as 2 for each flat since there are 3 flats on each side and there are 2 fire places in the flat I’ve been looking at. I don’t know how the building works internally, but would each fire in each flat be independently connected to a chimney pot? I’m trying to work out if I would be responsible for all the chimney pots too or if the other flats would be responsible for their own.

If anyone could advise me about the usual setup that would be great.

Richard_Webster

I would suggest that you make an offer subject to contract, and survey to establish the condition of the roof, and your solicitors review of the leases to ensure that they are adequate to maintain the building.

I would first locate a local firm of solicitors asking them to deal with conveyancing for a flat purchase but that you first need them to look at the leases to see if they are adequate, before commencing work on the conveyancing.

Once you have a firm and agreed costs, you make an offer and if accepted you can avoid the agents tame solicitor/ conveyancer in favour of good local advice.

This sort of responsibility is not unusual, you just make to sure the lease reflects that , particularity if the block needed underpinning or new drains, that the leases forces the GFF to actually do that!

Sensible advice as usual from Propertyman.

The trouble is that particularly with conversions there isn't much that is really standard and whilst it is fair enough to put conditions in your offer you won't ever really know what is going on until your solicitor has had a chance to look at the lease. I know this is a pain but it is an inherent problem with flat purchases - especially where conversions are involved.

Builders just want to sell their flats and push their solicitors to provide lease at short notice and don't always give their solicitors proper information so mistakes are made. It is entirely possible that with a three flat situation top flat responsible for roof, bottom flat for foundations, and middle doesn't have to contribute. That kind of inconsistency is far from unknown!

ognum

Just be aware that while you may be prepared to take this on and deal with it a prospective purchaser when you come to sell may no.

This flat could become a liability!