Shared Ownership - No Shed

henrygregory

Hi there,
Looking for some advice. We reserved and are in the final process of purchasing a shared ownership property from a local housing association.

Before reserving the property, we asked all of the important questions including, will there be a garden shed as I know sometimes, you have to wait a few years before you can 'alter' a property and often sheds are included in this rule.

We were told by the HA "here will be a shed and usually a small paved area from the back door leading to the shed." I have it in writing in the form of an email.

The housing developer has really been messing the HA around, going well over deadline by two months, some questionable finishes to work such as damage to front doors, poor workmanship in areas etc.

I mentioned to the HA on our last visit that there was no shed in the garden, yet the houses were supposed to be in handover from the developer to HA. They said they would chase this but yesterday informed me that the developer was being difficult and it was unlikely that we would now get a shed.

A shed may not seem like a massive issue, but we bought this house on the basis it would come with one as we really need it for storage. I have it in writing that the HA confirmed it would come with one.

Can anyone advise me on what I can do next to get this matter resolved. I have already signed over all of my savings for a deposit and will not have money left to pay for cement laying/patio laying to put a shed on to, particularly when we were told the property would be coming with one so did not budget for this.

Lunchbox

Not much I'm afraid. We had an allocated parking space on our memorandum of sale and in writing from the HA, and after completion we were told it was first come first serve unallocated parking and that it's tough luck. Is the shed written into your contract/lease? If not, you're not going to be able to force them to provide it.

getmore4less

Check the contract, what does that say?

Have you exchanged yet?

Davesnave

If there is nothing in your contract, I doubt that the email would be viewed as some kind of extension to it if this were to go to court. In any event, in your financial situation, taking the matter there would look unlikely.

The HA would probably argue that their advice was generic and given in good faith, stating what usually happens.

moneyistooshorttomention

Could you go above the HA's head? - I think they still belong to this overall body that regulates them rather. From memory - think it was "Housing Corporation"?

EDIT; Now the National Housing Federation.

Certainly I've found (in a different context) before now that a "local" body has told me "Our rules state..." and I've found they do indeed. But I found higher "national rules" that trumped the local one and they had to deal with it appropriately.

eddddy

The email won't form part of the contract.

Having received the email, you should have told your solicitor to make a pre-contract enquiry about the shed (if it's not already mentioned in the contract).

If you haven't exchanged contracts yet, you can still do that.

If you have exchanged contracts, it's too late.

moneyistooshorttomention

In law possibly - but this HA may be subject to pressure to fulfil their obligations (ie what they promised) - even if the law would let them "get away with it".

henrygregory

Ok thank you guys. No contract yet, developer is almost three months behind with completion date on these properties and clearly cutting corners. It is one of the well known ones, which was featured in the press in 2016 for shoddy work - I have got a keen eye on them and their workmanship.

I get what you guys are saying re it is just an email, so not a proper contract. I have raided my folder... how about this... these were the official plans we were presented with when we made the decision to put down our deposit. The plans showed the layout and respective size of the garden along with patio and shed. Accompanying these plans were emails both pointing out the shed in the garden and then confirming that we should be getting one.
Shed is circled in red....



Would this give me any leverage or is this no better than the emails I mentioned in my OP?

00ec25

henrygregory wrote: »

Would this give me any leverage or is this no better than the emails I mentioned in my OP?

plans can change. it is no better

you have been advised the correct course of action, pre contract enquiry via your solicitor then "force" it into the contract if necessary. Have you asked your solicitor for advice? That is why you are paying them.

davidmcn

henrygregory wrote: »

Would this give me any leverage or is this no better than the emails I mentioned in my OP?

Can't see what difference it makes. If the developer isn't providing the HA with sheds then you're not getting one. I take it you haven't got as far as checking whether you can put up your own shed?

henrygregory

davidmcn wrote: »

Can't see what difference it makes. If the developer isn't providing the HA with sheds then you're not getting one. I take it you haven't got as far as checking whether you can put up your own shed?

Highly doubt this will be an issue. Permission must be sought for any 'alterations'. Considering the HA expected there to be a shed, I highly doubt they will then stop me putting one up if I am unsuccessful in getting the HA to put one in without me having to pay more money.