dishonest vendor, can we claim expenses?

theartfullodger

davidmcn wrote: »

Surely those limits are only relevant to properties being let, and owner-occupiers are free to overcrowd themselves if they want?

Not so Sir!...

See 1985 Housing Act S324 onwards...
http://www.legislation.gov.uk/ukpga/1985/68/part/X
(Thatcher btw..) which specifies penalties for each of tenant, landlord and occupier & nowhere - afaik - excludes owner-occupiers....

£20 to an agreed housing charity if I am wrong!

The suggestion that owner-occupiers are free to cram in their long-suffering defenceless children & family members is a fascinating reflection of people's views..

Browntoa

Id also send off a letter to the local planning office with a copy of the builders report about the unsafe joists asking innocently about how could that be and when were the inspection carried out

davidmcn

theartfullodger wrote: »

Not so Sir!...

See 1985 Housing Act S324 onwards...
http://www.legislation.gov.uk/ukpga/1985/68/part/X
(Thatcher btw..) which specifies penalties for each of tenant, landlord and occupier & nowhere - afaik - excludes owner-occupiers....

Fair enough (though some wriggle room depending on how many rooms are actually occupied and only permanent residents being counted).

Any offence being committed by a vendor or agent for suggesting the occupancy of rooms?

The suggestion that owner-occupiers are free to cram in their long-suffering defenceless children & family members is a fascinating reflection of people's views..

Obviously, legal remedies available via other routes if harm is being caused to children.

eddddy

theartfullodger wrote: »

Also worth checking room measurements against legal requirements for single & double bedrooms....

Hmmm... I think you'd be onto a loser with that argument. You're trying to superimpose legislation intended for one purpose onto a completely different area.

RICS members are the people that do property valuations and surveys. The RICS says:

There is no statutory definition of the term 'bedroom' in the UK. The term is used to describe a room used for sleeping in and where you would expect to find a bed or other such piece of furniture designed for sleeping on.

link: http://www.rics.org/uk/knowledge/glossary/what-is-a-bedroom/

Similarly, the Valuation Office Agency says:

Deciding what constitutes a room / bedroom
There are no statutory definitions of what constitutes a room or bedroom, so a plain English meaning should be taken.

A bedroom is a room where someone usually sleeps,....

link: http://manuals.voa.gov.uk/corporate/Publications/Manuals/RentOfficerHandbook/Other/Procedures/r-roh-rooms.html

Miss_Samantha

davidmcn wrote: »

Surely those limits are only relevant to properties being let, and owner-occupiers are free to overcrowd themselves if they want?

Hi Davidmcn,

No, any occupier permitting overcrowding also commits a summary offence.

kinger101

This document was produced by the OFT (now defunct) as guidance on the Consumer Protection Regulations which relate to the marketing of properties.

http://webarchive.nationalarchives.gov.uk/20140402142426/http://www.oft.gov.uk/shared_oft/estate-agents/OFT1364.pdf

Page 24-29 are particularly relevant, though I'm not sure what responsibilities an EA would have take vendor's word or seek proof. The document indicates they should take certain steps to check information, but it's a guidance note and not case law!

There was another case on here where someone aborted the purchase of a property because a room did not meet regulations. It was a loft room and in that case, the EA took an "ask no questions" approach. They complained to the EA's head office and were compensated for all their abortive costs.

I think the lesson here is where there are major works, don't commission surveys/searches until you've seen all paperwork associated with the property information form! If they have building regs, they should have already collated this information at the time they marketed the property.

kinger101

Miss_Samantha wrote: »

Hi Davidmcn,

No, any occupier permitting overcrowding also commits a summary offence.

This is off-point. Loft rooms converted without building regulations cannot be marketed as bedrooms.

csgohan4

Perhaps an additional suggestion would be Offer made pending building regs being shown.

Devon_Chris

Thanks so much for all your advice - I kinda suspected that there was no where to go with this although now we can move on

I reckon I'll find the property on with a different agent sooner than later with the eaves access nailed shut - i'll educate the EA and hopefully save someone else time and expense.

Cheers guys and gals !

Miss_Samantha

kinger101 wrote: »

This is off-point. Loft rooms converted without building regulations cannot be marketed as bedrooms.

It was in reply to a post, I am sure that you had noticed.

To be 'on-point', I am not sure your claim is so clear cut unless you have references.