Terminating Lease for Landlord's Failure, and Small Claims Court for Financial Loss?

fly_pips

Dear all,
I hope I have come to the right place, and posted in the right subsection of the forum. Please direct me to the most appropriate section if I have not.

I would like to know if I can have my lease terminated on the grounds that my Landlord has not allowed me peaceful enjoyment of my property, and if I can take my landlord to the small claims court for financial loss.

Here are my reasons why:

1 - I purchased a percentage of a new-build shared ownership leasehold flat, in March 2016 (before the Grenfell Tower fire), and after 2 months I was informed that it was not adequately fire safe. I was told I would have to move in to temporary accommodation while they turn it in to a building site again, and demolish walls and ceilings. I complained through the housing association's complaints process (got no where), and the housing ombudsman and nothing came from it.

The day came when I had to pack everything and move for many months - and I then returned, the interior was ok, but there were some defects, but beyond that, I then got a letter saying they will now work on the outside of the property. I have been excluded from my terrace (I no longer have access), and this has been going on for months and months, and I have no idea or concrete date for when this will be complete. Every day there is constant noise, drilling, hammering and banging. It's a nightmare.

I am not legally allowed to sell my share due to the fire safety defects, so I am essentially trapped in the lease. For the reasons stated above (not being able to peacefully enjoy this flat from the very beginning of my occupancy, and that fact that I can't legally sell), I asked the landlord to purchase my share back. They refused, and I am trapped in the lease. Can I have the lease terminated for the above reasons?

2 - I have had my first child and plan to have more, and as this was a small flat I wanted to sell and move in to a home. I wanted to use the Help to Buy Equity Scheme which has now come to a close for home movers in December 2020. As I was unable to legally sell my share, I was not able to use this scheme, because it is not open to anyone owning two properties at once (so I lost the government's financial support, 5 years no payments on up to 40% of a £600,000 home in London). I probably won't have the chance to buy a home in London now without this support. Additionally the Stamp Duty holiday is now coming to a close and I will lose £15,000 tax savings also. I want to know can I use the small claims court to sue for financial loss?


Again, sorry if this is not the right place for these questions, please guide me to any more appropriate subsections or sites.

Any help and advice would be much appreciated, whether that means seeking legal advice (recommendations welcome), or just a general it's not worth it, or yes you can but etc...

It's been a nightmare living here since 2016, I hope it ends one day.

L_T_88

Can you clarify what you mean by "can't legally sell"?
Terminating your lease would mean you would get nothing back, I'm assuming this isn't what you want?

[Deleted User]

fly_pips said:

Dear all,
I hope I have come to the right place, and posted in the right subsection of the forum. Please direct me to the most appropriate section if I have not.

I would like to know if I can have my lease terminated on the grounds that my Landlord has not allowed me peaceful enjoyment of my property, and if I can take my landlord to the small claims court for financial loss.

Here are my reasons why:

1 - I purchased a percentage of a new-build shared ownership leasehold flat, in March 2016 (before the Grenfell Tower fire), and after 2 months I was informed that it was not adequately fire safe. I was told I would have to move in to temporary accommodation while they turn it in to a building site again, and demolish walls and ceilings. I complained through the housing association's complaints process (got no where), and the housing ombudsman and nothing came from it.

The day came when I had to pack everything and move for many months - and I then returned, the interior was ok, but there were some defects, but beyond that, I then got a letter saying they will now work on the outside of the property. I have been excluded from my terrace (I no longer have access), and this has been going on for months and months, and I have no idea or concrete date for when this will be complete. Every day there is constant noise, drilling, hammering and banging. It's a nightmare.

I am not legally allowed to sell my share due to the fire safety defects, so I am essentially trapped in the lease. For the reasons stated above (not being able to peacefully enjoy this flat from the very beginning of my occupancy, and that fact that I can't legally sell), I asked the landlord to purchase my share back. They refused, and I am trapped in the lease. Can I have the lease terminated for the above reasons?

2 - I have had my first child and plan to have more, and as this was a small flat I wanted to sell and move in to a home. I wanted to use the Help to Buy Equity Scheme which has now come to a close for home movers in December 2020. As I was unable to legally sell my share, I was not able to use this scheme, because it is not open to anyone owning two properties at once (so I lost the government's financial support, 5 years no payments on up to 40% of a £600,000 home in London). I probably won't have the chance to buy a home in London now without this support. Additionally the Stamp Duty holiday is now coming to a close and I will lose £15,000 tax savings also. I want to know can I use the small claims court to sue for financial loss?


Again, sorry if this is not the right place for these questions, please guide me to any more appropriate subsections or sites.

Any help and advice would be much appreciated, whether that means seeking legal advice (recommendations welcome), or just a general it's not worth it, or yes you can but etc...

It's been a nightmare living here since 2016, I hope it ends one day.

Which law prevented you from selling your share of the property?  I know many/most mortgage lenders have valued properties with certain types of cladding at zero which would reduce the pool of buyers for your share of the leasehold property but as far as I am aware there is no law making it illegal to sell a property that is not "fire safe".  

It might not seem like it but you're in the fortunate position of the freeholder actually doing something about the cladding.  Many owners of leasehold properties aren't have the cladding replaced and are having to £££££ in service charges to pay for fire wardens to patrol the buildings at night.

IANAL but I can't see any court case being successful and you'd just end up losing the court fees (4.5% of your claim) and possibly end up paying the other side's legal costs as well. 

numbercruncher8

Correct me if I'm wrong but this seems slightly ungrateful.
This sounds like one of the buildings where the developer is fixing it at no cost, and also providing alternative accommodation at no cost.

'Can't sell' when applied to these flats usually translates to 'won't sell at a loss'.

fly_pips

Hi, thanks for your replies. 

To clarify, the first step to selling a shared ownership property is to initiate the process of sale through the housing association, so they may offer it to prospective buyers. I’ve asked them can I legally sell my share and initiate the process and they declined to answer on a number of occasions. Leading me to believe I could not sell like this, because it is not fire safe. If I’m wrong I did not know that but the housing association isn’t exactly helping by refusing to answer or allowing me to start the process.

I would like to put something else into perspective: I mentioned “before Grenfell Tower” for a reason. The current cladding crisis is based off what happened. I had this issue well before the Grenfell Tower fire incident. This was not an old building with poor cladding, it was a BRAND NEW property and was not built safely, and I was told 2 months after moving in I would have to leave. Not only for the external cladding but also the internal aspects of the property. This building was signed off as fire safe when it wasn’t and I was sold a ‘new’ home on the assumption it was safe to live in. How dare anyone tell me I am ungrateful, why should I be grateful for such nonsense and disturbance over the last 5 years?

Cant sell also doesn’t mean ‘won’t sell at a loss’. I don’t have a mortgage on my share and the value of the home would be more or less break even or a few % above. So I’m not sure why people make assumptions. 

I asked for any advice or guidance, not criticism. 

AdrianC

fly_pips said:

I would like to know if I can have my lease terminated on the grounds that my Landlord has not allowed me peaceful enjoyment of my property, and if I can take my landlord to the small claims court for financial loss.

Here are my reasons why:

1 - I purchased a percentage of a new-build shared ownership leasehold flat, in March 2016 (before the Grenfell Tower fire), and after 2 months I was informed that it was not adequately fire safe. I was told I would have to move in to temporary accommodation while they turn it in to a building site again, and demolish walls and ceilings. I complained through the housing association's complaints process (got no where), and the housing ombudsman and nothing came from it.

The day came when I had to pack everything and move for many months - and I then returned, the interior was ok, but there were some defects, but beyond that, I then got a letter saying they will now work on the outside of the property. I have been excluded from my terrace (I no longer have access), and this has been going on for months and months, and I have no idea or concrete date for when this will be complete. Every day there is constant noise, drilling, hammering and banging. It's a nightmare.

I am not legally allowed to sell my share due to the fire safety defects, so I am essentially trapped in the lease. For the reasons stated above (not being able to peacefully enjoy this flat from the very beginning of my occupancy, and that fact that I can't legally sell), I asked the landlord to purchase my share back. They refused, and I am trapped in the lease. Can I have the lease terminated for the above reasons?

2 - I have had my first child and plan to have more, and as this was a small flat I wanted to sell and move in to a home. I wanted to use the Help to Buy Equity Scheme which has now come to a close for home movers in December 2020. As I was unable to legally sell my share, I was not able to use this scheme, because it is not open to anyone owning two properties at once (so I lost the government's financial support, 5 years no payments on up to 40% of a £600,000 home in London). I probably won't have the chance to buy a home in London now without this support. Additionally the Stamp Duty holiday is now coming to a close and I will lose £15,000 tax savings also. I want to know can I use the small claims court to sue for financial loss?


Again, sorry if this is not the right place for these questions, please guide me to any more appropriate subsections or sites.

Any help and advice would be much appreciated, whether that means seeking legal advice (recommendations welcome), or just a general it's not worth it, or yes you can but etc...

It's been a nightmare living here since 2016, I hope it ends one day.

So let me get this straight...

You are in a block that has cladding issues.
The freeholder are currently fixing that cladding.
You want to walk away from the property BECAUSE they're fixing it?

There is a difference between "legally unable" to sell, and "not easy to sell to anybody with a mortgage".

SpiderLegs

fly_pips said:

Cant sell also doesn’t mean ‘won’t sell at a loss’. I don’t have a mortgage on my share and the value of the home would be more or less break even or a few % above. So I’m not sure why people make assumptions. 

I asked for any advice or guidance, not criticism. 

You can initiate a claim for your financial loss if you believe it has been caused by the freeholder
since you won’t sell at a loss then you clearly have nothing to claim for.

fly_pips

AdrianC said:

fly_pips said:

I would like to know if I can have my lease terminated on the grounds that my Landlord has not allowed me peaceful enjoyment of my property, and if I can take my landlord to the small claims court for financial loss.

Here are my reasons why:

1 - I purchased a percentage of a new-build shared ownership leasehold flat, in March 2016 (before the Grenfell Tower fire), and after 2 months I was informed that it was not adequately fire safe. I was told I would have to move in to temporary accommodation while they turn it in to a building site again, and demolish walls and ceilings. I complained through the housing association's complaints process (got no where), and the housing ombudsman and nothing came from it.

The day came when I had to pack everything and move for many months - and I then returned, the interior was ok, but there were some defects, but beyond that, I then got a letter saying they will now work on the outside of the property. I have been excluded from my terrace (I no longer have access), and this has been going on for months and months, and I have no idea or concrete date for when this will be complete. Every day there is constant noise, drilling, hammering and banging. It's a nightmare.

I am not legally allowed to sell my share due to the fire safety defects, so I am essentially trapped in the lease. For the reasons stated above (not being able to peacefully enjoy this flat from the very beginning of my occupancy, and that fact that I can't legally sell), I asked the landlord to purchase my share back. They refused, and I am trapped in the lease. Can I have the lease terminated for the above reasons?

2 - I have had my first child and plan to have more, and as this was a small flat I wanted to sell and move in to a home. I wanted to use the Help to Buy Equity Scheme which has now come to a close for home movers in December 2020. As I was unable to legally sell my share, I was not able to use this scheme, because it is not open to anyone owning two properties at once (so I lost the government's financial support, 5 years no payments on up to 40% of a £600,000 home in London). I probably won't have the chance to buy a home in London now without this support. Additionally the Stamp Duty holiday is now coming to a close and I will lose £15,000 tax savings also. I want to know can I use the small claims court to sue for financial loss?


Again, sorry if this is not the right place for these questions, please guide me to any more appropriate subsections or sites.

Any help and advice would be much appreciated, whether that means seeking legal advice (recommendations welcome), or just a general it's not worth it, or yes you can but etc...

It's been a nightmare living here since 2016, I hope it ends one day.

So let me get this straight...

You are in a block that has cladding issues.
The freeholder are currently fixing that cladding.
You want to walk away from the property BECAUSE they're fixing it?

There is a difference between "legally unable" to sell, and "not easy to sell to anybody with a mortgage".

Do you read or just say what comes to your mind?

fly_pips

SpiderLegs said:

fly_pips said:

Cant sell also doesn’t mean ‘won’t sell at a loss’. I don’t have a mortgage on my share and the value of the home would be more or less break even or a few % above. So I’m not sure why people make assumptions. 

I asked for any advice or guidance, not criticism. 

You can initiate a claim for your financial loss if you believe it has been caused by the freeholder
since you won’t sell at a loss then you clearly have nothing to claim for.

Again, some one who does not read or comprehend well.

This post was for help or advice, not unfounded assumptions or criticism. You do not need to post here. Please save your time for something more useful.

fly_pips

L_T_88 said:

Can you clarify what you mean by "can't legally sell"?
Terminating your lease would mean you would get nothing back, I'm assuming this isn't what you want?

Instead of terminating the lease, if this is not the correct term, I mean to say, exit this lease for the freeholder breaking clause 4.2 of my lease, which is my right to peaceful enjoyment of my flat.

I have basically one clause for me, and the rest is all the rules I must follow (which I have done so), they have one thing to do, and it has not been done over 5 years now.

fly_pips

Please save the random negative criticism. This thread was for any 'help or advice'. Not random comments that lead to nothing.