Freeholder puts sale in jeopardy over boiler in loft

Cakeguts

Deleted_User wrote: »

Yes when I bought the flat I knew the boiler was in the loft...and was told that by seller and EA...unfortunatley I can't find my documents from back in 2012 to corroborate that. I'm only assuming that maybe I didn't read small print regarding the loft but at the time no alarm bells were ringing. My solicitor has found out about the boiler from reading the buyers homepack that was sent to them from the freeholder and the inclusion of the letter expressing concerns over said boiler in the loft.

Nothing to do with the small print. The documentation would have told you what was included in the lease. If the loft was not included in the lease then that meant that you couldn't use it. Did you read the lease to see exactly what you were buying?

[Deleted User]

Cakeguts wrote: »

Nothing to do with the small print. The documentation would have told you what was included in the lease. If the loft was not included in the lease then that meant that you couldn't use it. Did you read the lease to see exactly what you were buying?

I would have done...can't remember now tho...but I wouldn't spend all that money and not read everything....and I would've taken note of anything to do with discrepancies in the boiler and loft...I'm sort of resigned to the fact that I WILL probably have to relocate the boiler and save the sale.

hazyjo

See if you can find your old EA particulars online (cached?). Might mention something about the loft either being part of the flat, or that the boiler was located there.

You'd think that someone down the line - solicitor or lender (or you - sorry!) would have wondered why the boiler was located in a space you were not permitted to use and queried it further.

Sounds a bit like the horse has bolted I'm afraid.

Keep us informed.

Jx

AdrianC

Deleted_User wrote: »

Yes when I bought the flat I knew the boiler was in the loft...and was told that by seller and EA...

And did you think the loft was part of your leasehold flat?

[Deleted User]

AdrianC wrote: »

And did you think the loft was part of your leasehold flat?

I probably did !

AdrianC

Deleted_User wrote: »

I probably did !

So you didn't go over the lease plan with the solicitor, showing what was and wasn't included in the lease?

davidmcn

AdrianC wrote: »

So you didn't go over the lease plan with the solicitor, showing what was and wasn't included in the lease?

To be fair, these are usually just two dimensional footprints of the property, so wouldn't necessarily highlight a discrepancy like this one. How high up the demise goes is a different matter, and I can understand why a layperson isn't going to query whether a loft accessed via a hatch from the flat actually belongs to the flat.

PasturesNew

I think it'd be easy to overlook the importance of a boiler in a loft for a buyer. Most people only learn of slip ups when it's happened to them - or when they belong to forums like this for far too long

The solicitor's job is to ensure that the flat is transferred to the buyer without problems.... and it's possible that he didn't "spot" a boiler in the loft for a variety of reasons. It depends what he was given.

I think, in a lot of cases, it can be a miscommunication.

Buyer thinks: Solicitor does everything.
Solicitor thinks: Buyer will ask me to look into anything specific that's unusual or they want checking.

If a naive person from both sides come together ... and/or if the information/layout plan wasn't clear enough to "spot" it .... you can see how it happened.

Don't beat the OP up ... he's working under the "Solicitors check everything for you" belief. Not his fault. He can be responsible for it now ... but not 100% at fault for not specifically pointing its location out to the solicitor and asking "is that usual/normal/OK?" .... many people learn from their mistakes ... and until you've made one you don't know what c0ck ups you might make this year

Thrugelmir

PasturesNew wrote: »

Solicitor thinks: Buyer will ask me to look into anything specific that's unusual or they want checking.

Solicitor can only comment on what they read and their client asks.

[Deleted User]

Well...update....the boiler stays in the loft. Freeholder gave me two options...move it and repair etc...or retrospective permission which the buyer has agreed to. Freeholder is going to charge me...wait for it...£750 legal fees...and £150 admin fees !!! I know it's a rip off...but the sale is still on... contracts have been signed and exchange dates are imminent...just waiting for the 'freeholder' to send the paperwork which I hope will be quick...but I'm not holding my breath !