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Management Company - Can I sue?
Comments
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deannatrois. I live a long way from Bradford now, I rent the flat through an estate agents who manage any issues with the flat that the tenant may have. I haven't been back for nearly 18 months. So in that respect I am at fault. However it doesn't change the fact that the management company visit the flats every month and are supposed to report back on any external structural issues (amongst other things), and this is sent in a report to the flat owners every six months. This has never been mentioned in any of the reports, although things such as overgrown bushes and dirty windows have. I would have thought it warranted a mention, now that two potential buyers have been advised to pull out of the purchase
mrginge. They are not.0 -
simonh5676 wrote: »mrginge. They are not.
Then they are not responsible for your costs are they.0 -
No they're not. But they are responsible for making sure the exterior of the building is maintained to an acceptable standard, which it hasn't been. And for this reason and this reason only, two buyers have pulled out.
To be honest its highly unlikely I would sue, I just think management companies get away with murder when it comes to the service charges they dish out compared to what they actually do. I would never buy a flat again that's for sure0 -
To answer your original question, yes, you are entitled to sue whoever you wish. Whether you would win, however, is not a question that anyone can answer for you.No free lunch, and no free laptop0
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simonh5676 wrote: »No they're not. But they are responsible for making sure the exterior of the building is maintained to an acceptable standard, which it hasn't been. And for this reason and this reason only, two buyers have pulled out.
To be honest its highly unlikely I would sue, I just think management companies get away with murder when it comes to the service charges they dish out compared to what they actually do. I would never buy a flat again that's for sure
You are linking issues that are not related. If you wish to make a claim against the management company for neglecting their responsibilities then that is one issue.
However, you wish to make them responsible for a number of your costs.
1. Your council tax bill is payable regardless.
2. Your lost rental income is down to you
a. Deciding to let the property
b. Not replacing the tenant when they left.
3. The decision to look to sell the property is yours.
4. People pull out of property purchase on the basis of survey results all the time. You have no contract with a potential buyer until you exchange. You cannot infer that but for this crack, a sale would have been completed.
5. You may ultimately have to sell the property for less than currently advertised. That is your fault for not having a correct valuation made before you marketed the property.
6. If anyone has any kind of (moral) claim, perhaps it should be potential buyer #2, who has paid for a survey, the likely results of which were already known by you. Did you tell buyer #2 about the crack before they started spending money?
You have zero quantifiable and realised costs attributable to these repairs.0 -
1. Agree
2b. I'm trying to sell the property, so there is no point in replacing a tenant who left two days ago
4. Both buyers loved the flat, their issue was with the cracks and nothing else. That is a fact
5. I did have a valuation. It got valued at £80K, £2.5K more than I listed it for
6. I made the second buyer aware as soon as they made an offer, as this was the right thing to do
Thank you for your comments, I will just have to see how things pan out and hope for the best0 -
simonh5676 wrote: »1. Agree
2b. I'm trying to sell the property, so there is no point in replacing a tenant who left two days ago
4. Both buyers loved the flat, their issue was with the cracks and nothing else. That is a fact
5. I did have a valuation. It got valued at £80K, £2.5K more than I listed it for
6. I made the second buyer aware as soon as they made an offer, as this was the right thing to do
Thank you for your comments, I will just have to see how things pan out and hope for the best
4. Both buyers loved the flat, their issue was with the cracks and nothing else. That is a fact - Ok so what's your loss?0
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