SPIF TA6 Property Information Form - Seller dishonest

KerensaDelphi

I bought my property in 2012, a leasehold property. 6 months after moving in I received a letter from the Basildon Council (they are the landlords) advising me of imminent major works. New windows and doors costing £3700. It's written in the lease that I must comply and allow them to do the job. I argued for months with them. They told me they had written to the previous owners in 2010 advising them of their intentions to carry out these works.

I now refer to the SPIF TA6 Property Information Form under Notices and Proposals - where the previous owners stated 'NO' no notifications from council or gov for planning etc etc.

Is this a case for the small claims?

I am not able to pay the council their desiered £100 oer month but have offered a £20 payment with out predjudice whilst I try and claim back from previous owners.

thank you for any advice you can offer.

Hoploz

I would say you definitely have a case, but I wonder whether you can prove they received the notice. Have a word with your conveyancer and see what they say would be my advice

Mattygroves2

It's not a notice about planning though so don't think it falls under the clause you quote - in most cases the freeholder of flats isn't the Council but major works bills are still possible.

Did you or your solicitor ask specifically about the levels of service charge and any notifications of major works ? These would be standard questions for anyone buying a leasehold flat and particularly so with an ex Council property as they won't have sinking funds to cover the expenses.

KerensaDelphi

The conv solicitors I used were cowboys and have now gone bust, just as I contacted them to ask I was never informed of these major works throught their searches. I took the matter to the legal ombudsman, who, after 18 months of works agreed that I had received poor customer service and agreed to pay me £250. I never received this money. During her investigation she noticed that the TA6
'Have any notices or correspondence been received or sent (neighbour council or government) or any negotiations or discussions taken place, which affect the property or property near by' was ansered NO.

Am I barking up the wrong tree?

casper_g

KerensaDelphi wrote: »

The conv solicitors I used were cowboys and have now gone bust, just as I contacted them to ask I was never informed of these major works throught their searches. I took the matter to the legal ombudsman, who, after 18 months of works agreed that I had received poor customer service and agreed to pay me £250. I never received this money. During her investigation she noticed that the TA6
'Have any notices or correspondence been received or sent (e.g. from or to a neighbour, council or government department) or any negotiations or discussions taken place, which affect the property or property near by' was ansered NO.

Am I barking up the wrong tree?

The wording of the question on the PIF certainly seems to cover a notice of major works (I updated the bit in red based on the form I just received for my purchase). You may have problems proving the notice was received though.

KerensaDelphi

from what I have read ... under the law of misrepresentation the burden of proof of misrepresentation has shifted from buyer to seller. It could be fraudulent, negligent or even innocent.

I have been in touch with previous owner telling her of my intention to claim back these monies. She came back with an email asking 5 questions.


1) The point ofcontact you used for Bellway solicitors and their number, just to check we havethe same details

2) Yoursolicitors name and contact details

3) Copies of allcorrespondence you have relating to me sent from the council.

4) The point ofcontact at the ombudsman you are currently using or a reference number so I cancontact them in relation to your case

5) The date whenyour windows and doors were changed? And letters you have received from thecouncil after I left the property advising you the windows and doors were beingchanged

I've spent 2 years on this (starting with council, ombudsman and now previous seller)

I feel she is just stalling the process but putting me under investigation now ...

Hoploz

Well if your solicitor has gone bust then you could pursue it through a new solicitor. However, your legal fees are likely to cost a bit. As you've already been dealing with this for some time I don't think anyone on here will really be able to offer much more help. Maybe you could contact someone who would take it on no win no fee or something?

Mattygroves2

The form you need to be looking for is actually TA7 which sets out the leasehold information I think and in particular question 5.5 :

"Does the seller know of any expense (eg. the cost of redecoration of the outside or communal areas not usually incurred annually) likely to be shown in the service charge accounts within the next three years ? Is yes please give details "

Also possibly question 6.2 which asks about notices re repairs and maintenance.

If they answered No to that question then you might have a case for some compensation but I doubt you'd get the full cost as you are the one who has benefited from the new windows etc.

The questions in TA6 are about correspondence from the Council or Government body that is from their planning or other responsibilities not from them as your freeholder. Questions about your lease obligations are dealt with in TA7.

TBeckett100

To be fair, you will solely benefit from new windows and doors. If she had them Installed and paid for them, chances are the asking price would be higher. If it was an indirect benefit, ie communial lift or roof, I'd sympathise.

Annoying as it is, even freehold properties need work. If you rack up legal bills and lose, you may have to pay hers as well.

KerensaDelphi

Thanks for your responses guys. Ive read the ta7 and she ticked no under Notices 6.2. Now I have 2 letters addressed to previous owner from the council 'section 20 notices' a formal notice and a notice of intention. These were sent 12 months before I bought the place. My neighbours upstairs have just shown me their copies of the same letters, these letters were posted to all concerned.

Do I have grounds for compensation under misrepresentation? I couldve negotiated on the final sale price or changed my mind from buying all together had I been given thisinformati
this information.

With regards to benefiting from new windows, the previous windows were double glazed and fine, not rotten old frames or broken. I couldve benefited from a new boiler because that has not worked properly since I moved in either.

Ive spent the last 2 years worrying emailing calling, sleepless nights of how will I ever pay this bill.

I cannot wait to put this business to bed, almost there now!

caronoel

KerensaDelphi wrote: »

Ive spent the last 2 years worrying emailing calling, sleepless nights of how will I ever pay this bill.

I cannot wait to put this business to bed, almost there now!

Life is too short to worry about this sort of thing.

As others have pointed out, you are likely to incur substantial costs in pursuing the vendors with no guarantee of success particularly as your own solicitors missed this in their due diligence.

Two years later, it is time to move on.

If you are struggling to pay the £3,700, you are best to discuss a repayment plan with the council.