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Making a complaint re Home Buyers Report

2»

Comments

  • cr1mson wrote: »
    Sorry am confused if the problem originated in adjacent flat surely that would be outwith scope of your survey?

    Nope the flat is leasehold but with a share in the freeholding company, which effectivly means I own 1/7 of the building as a whole. The survey was sussposed to look at the building as a whole (it a large detached three story property) you cant say one flat is sound if half the building its part of is falling down. As I now own 1/7 I'm responsible for 1/7 of any repair bills.

  • If you have 7 flats at say £250 per annum at 15/20 times thats into the 25/30k level, depending on the local market, and the risk of the works that are needed and how well and comprehensibly they are completed.

    When you start the leaseholders exercise right to manage over the current FH company, timed on completion of the works,flog the freehold, and make the company dormant . In due course wind up that company, sooner if any warranties or guarantees for work can be assigned to the RTM.
    If we were to go down this route could we protect the garden from development? Also would it devalue the flats much (if at all)? I think the counter argument from other freeholders will be to sell off part of the garden, but if we sold the freehold and protected the garden then we would raise the cash and keep the status quo re management, service charge etc we would all benefit.
  • Update: Ive sent of the letter of complaint to the original surveyor, along with a copy of their Home Buyer report and the more recent survey, and outlined the key differences. Nothing ventured nothing gained and all that. No idea of what the costs will be as yet but I thought I should start the ball rolling as soon as possible.
  • lemon26
    lemon26 Posts: 242 Forumite
    Good luck, fingers are crossed! Hopefully, if it's as clear cut as my complaint was, it'll cost you nothing more than a bit of photocopying and a few first-class recorded letters.

    May I suggest that you ask for a copy of their complaints handling procedure (the should send it automatically) and hold them to it - my surveyor said they would be back in touch within 21 days of the re-isnpection by their area senior surveyor, I contacted their MD after 28 days had gone by with no communication. They then came back with a pittance (£xxx's), which I refused, then they came back with the amount I'd asked for two days later which I accepted.

    Good luck!
  • lemon26 wrote: »
    Good luck, fingers are crossed! Hopefully, if it's as clear cut as my complaint was, it'll cost you nothing more than a bit of photocopying and a few first-class recorded letters.

    May I suggest that you ask for a copy of their complaints handling procedure (the should send it automatically) and hold them to it - my surveyor said they would be back in touch within 21 days of the re-isnpection by their area senior surveyor, I contacted their MD after 28 days had gone by with no communication. They then came back with a pittance (£xxx's), which I refused, then they came back with the amount I'd asked for two days later which I accepted.

    Good luck!
    Thanks:) I have got a copy of their complaints procedure and I will check it to make sure they act as they are supposed to. Although I just realised I didn't send the letter recorded delivery ohps! I'll give them a week then call check they received it if not I'll send another recorded delivery.
  • propertyman
    propertyman Posts: 2,922 Forumite
    If we were to go down this route could we protect the garden from development? Also would it devalue the flats much (if at all)? I think the counter argument from other freeholders will be to sell off part of the garden, but if we sold the freehold and protected the garden then we would raise the cash and keep the status quo re management, service charge etc we would all benefit.

    If the leases do not already reserve use and rights over the garden then when extending them as above you ensure that they do, stopping nay development.

    Of course that is another option, subject to the leases, why not package a development and sell off the garden with a restrictive covenant to build with restrictions?
    Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
    Actively hunting down the person who invented the imaginary tenure, "share freehold";
    if you can show me one I will produce my daughter's unicorn
  • If the leases do not already reserve use and rights over the garden then when extending them as above you ensure that they do, stopping nay development.

    Of course that is another option, subject to the leases, why not package a development and sell off the garden with a restrictive covenant to build with restrictions?
    One of the other leaseholders want to do this (buy to let landlord) he think we would get permission for a two bed bungalow, but those of us that live in the block don't want to lose our big garden, have the noise and mess associated with a development and then look onto a new build. When we bought the flat we checked that there weren't any plans to sell off the garden as our bedroom looks directly onto it and its beautiful trees, I be gutted to lose that.

    I'm really hoping that the surveyor stumps up at least some of my share of the repair bill, I'll know more what that is likley to be once we have had our emergency meeting.
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