My Rights- 3 & a half years after purchasing a new build Flat?

chris_m

Hairymonster wrote: »

Thanks Chris for your reply; that makes more sense but the flat is bought and mortgaged so I thought ownership would be indefinitely rather than leased years?

My own flat is bought and mortgaged, but it's only "mine" (well, will be when I've paid the mortgage off, LOL) for the remainder of the lease - about 950 years in my case.

I wasn't aware of what Fire Fox posted, about freehold flats being more common in Scotland, so that's something that you need to check. It'll be in your father's paperwork about the purchase.

scottishblondie

chris_m wrote: »

My own flat is bought and mortgaged, but it's only "mine" (well, will be when I've paid the mortgage off, LOL) for the remainder of the lease - about 950 years in my case.

I wasn't aware of what Fire Fox posted, about freehold flats being more common in Scotland, so that's something that you need to check. It'll be in your father's paperwork about the purchase.

There is no such thing as "freeholder" and "leaseholder" in Scotland anymore. All properties are fully owner by the person who purchased them - so in sense everything is freehold. There may be a factor (management company) for the building, who is paid by the owners of each property to manage things and deal with issues relating to the structure and common parts.

OP, is there a factor for your development? If so, they should be involved in this on your behalf.

Hairymonster

Thanks for all your replies guys. Helping a newbie understand.

Scottishblondie- yes Hacking and Paterson are my factor for the building but it's not them I had previously been dealing with; for the past 3 leaks I have phoned the building company. Should this change? though surely management company fixing this now would interfere on the 10 years NHBC warranty posters are talking about? The factor fee does include buildings insurance but I don't want the builders to say they have no liability now the management company take care of the building; as far as I'm aware the leak has been there since the start so shouldn't the building company be held accountable?

Firefox; the 2 years warranty I was talking about was from the builders that covered anything from fixings, kitchen units, boiler etc over and above structural issues. so this is a separate thing so probably just ignore that point I made. Does NHBC also cover Scotland? I have emailed them to query.

I think my next course of action is phone builders before factors and say the leak is not fixed properly. I actually have a letter from them from last year(which I requested) that they had fixed the leak in the roof but I suppose they could just say it was a different leak.

Once I get the leak sorted this year I think i'll need to sit down with my dad and discuss where we go from here- I am pretty sure they would be willing to just come out and fix the leak every year but that is no good to me; I can’t wait until every winter then they have to tear up my house again, cutting away plasterboard, identifying leak, fixing leak, reroofing 3x rooms and then replastering.

Fire_Fox

I can't see the point of this thread if you are going to ignore the advice given. Your father must WRITE to the building company and/ or factor DO NOT telephone. This is a formal situation which calls for formal communication, you need EVIDENCE if you ever need to take this further. The complaint must come from the OWNER not the tenant or it is meaningless, by all means write the letter and have your father sign it. Seriously do not become a homeowner if you are a shortcut type of person.

Hairymonster

Fire_Fox wrote: »

I can't see the point of this thread if you are going to ignore the advice given. Your father must WRITE to the building company and/ or factor DO NOT telephone. This is a formal situation which calls for formal communication, you need EVIDENCE if you ever need to take this further. The complaint must come from the OWNER not the tenant or it is meaningless, by all means write the letter and have your father sign it. Seriously do not become a homeowner if you are a shortcut type of person.

So getting them to provide a written letter(written to my father) agreeing that they have fixed the leak as agreed is not formal communication?

Thanks for the gist of your paragraph as it IS Helpful. but are the 1st sentence and last sentence really required. I have already explained that I am a relative Newbie to these situations. The reason people come on here is for help; not to be lambasted because they aren't aware of protocol.

Your father must WRITE to the building company and/ or factor DO NOT telephone. This is a formal situation which calls for formal communication, you need EVIDENCE if you ever need to take this further. The complaint must come from the OWNER not the tenant or it is meaningless, by all means write the letter and have your father sign it.

Would have been much nicer and helpful

propertyman

Aah I am only from Scotland I do not practice there!

The law is very different and the majority of flats especially new build come under tenement law.

You will find advice here.

http://scotland.shelter.org.uk/get_advice/advice_topics/repairs_and_bad_conditions/repairs_and_maintenance_in_common_areas/problems_with_repairs_in_common_areas

The NHBC does cover Scotland.

While I am sure Fire Fox was well intentioned with the capitals, it is worthwhile making informal enquiries to establish who you are talking to, and need to contact, in part as they might give you useful informal advice.

Once sure of your situation you can commit pixels to screen/ pen to paper.

If you are not the owner or even a part owner of the flat, one solution is to take over your father's affair in the matter via a power of attorney
http://www.publicguardian-scotland.gov.uk/whatwedo/power_of_attorney.asp

Fire_Fox

Hairymonster wrote: »

So getting them to provide a written letter(written to my father) agreeing that they have fixed the leak as agreed is not formal communication?

Thanks for the gist of your paragraph as it IS Helpful. but are the 1st sentence and last sentence really required. I have already explained that I am a relative Newbie to these situations. The reason people come on here is for help; not to be lambasted because they aren't aware of protocol.

<snip>
Would have been much nicer and helpful

If you read the thread you will be aware of protocol. I was nicer and more helpful the first time I told you that your FATHER needed to WRITE in post 3
"If your father is the leaseholder he needs to be the one writing a letter of complaint not you as tenant."

Still pretty nice and helpful the second time in post 11
"Stop telephoning, start writing. Sorry if I sounded pedantic about it being your father's flat but this is highly relevant, you cannot act on your father's behalf unless you have some legal standing."

Hairymonster

so your posts trump all others? Propertyman who I am guessing practices law by his posts says it is worthwhile to make informal enquiries first. This is what I was getting at where knowing where I stand before taking things formal; in writing, perhaps consulting soliciters etc- I would much rather get everything sorted 1st.

Anyway thanks for all your help I have a bit more of an idea where I need to go with this

xylophone

The flat belongs to your father so why does he not establish who is responsible and take it up formally with the relevant person/company?

dancingfairy

I am just wondering why you are having problems with the roof. Is it made of substandard materials? Is there a bit that's not watertight or something? Is the main leak somewhere else that's causing your leak? Are you getting problems with the wind/rain come from a certain direction?
Sorry I can't help with whose fault it is though.
Best of Luck
df