First Time Buyer - Council Flat Management Pack hell

BondStreetRumble

Hi MSE forum,
My wife and I are at our wits end. Early last year we put an offer on a property, then Covid happened and the sale blew out from three months to eight. It was sold on chain free, but the seller decided to create her on chain and refused to honour the agreement and move out without a house to move into. At the end of eight months and much negotiating about the poor state of the property and an added building service upgrade fee, she pulled out at 11pm the night before exchange and complete. She'd even moved out. We had bent over backwards with her demands and denials about her 'safe' property, no fire rated door, original electrics with no RCD and suspected asbestos ceiling and wall finish. Thousands lost and months of stress and negotiation. I was at risk of job loss for most of that period, but the mortgage would be cheaper than rent and we could survive on one income for a number of month s if need me.

Needless to say is as a drain on my wife and I and soon after we lost a child in the early stages of pregnancy with all the stress, faff and deceit. My wife swore that she'd never buy a house here. Less than three months later a new property showed up that was perfect fit, we offered and had it accepted. Again, it was an ex-council flat, but it was much larger, better condition and truly chain free (landlord exiting their investment) and in the similar area.
The seller chose us over another couple because of our position and the fact we had just failed a property purchase. The wanted a fast exchange, within 6 weeks of accepting our offer, but that was ambitious considering that the management pack was ordered three weeks into that time period.

Here is the rub, it's bee sixteen weeks since we offered and thirteen weeks since the management pack had been ordered. It all arrived eight weeks after the request except one crucial report that was supposed to be in the pack, but my solicitor isn't moving on. That was reordered four weeks ago, but I fear that could be another eight week wait as our request floats to the top of the list. We were assured that the property would be completed in January, then February and now aiming for the end of the month, but that is looking doubtful as Council is stonewalling and not picking up phone calls or emails.

To add further urgency, our flat is in the process of being sold to another owner in the development which is to occur at the end of the month. The flat we live in is spacious but has several critical defects, primary to that leaks through the ceiling and very old double glazing that has cold bridging issues (which render it useless) and causing black mold (a known issue as it was written in our tenancy agreement to remove).

There were always ceiling cracks, but it wasn't until we were at home on a weekend and saw it leaking that we noticed it (second unused bedroom, bathroom above the tub, in the kitchen above the sink, kitchen light and the living room. It's been leaking for over eighteen months and it is truly taxing our mental health. Our landlord only offered a reduced rent thirteen months after the initial leak was detected. Once over Xmas period four litres came through the ceiling, and two instances that water mixed with live electricity, but fails to trigger the RCD (no negative wire going to the bulb, which is where the water was fizzing with the light on). The landlord brought his building inspector and he said it would be 'ok to use the light when it was dry' (!?). We have had endless trades people of late come and inspect, but initially our landlord dismissed the builder who inspected the property as 'not being up to the challenge', but failed to supply subsequent inspectors. It wasn't until I persisted with numerous requests to have it repaired that the first attempt to repair the leak, eleven months after reporting the issue, which later failed to cure all the leaks.

So there you have it. A synopsis of London housing woes to deter anyone from venturing into this endeavour. I'm told that we could pursue our current landlord for compensation, which could help make up for the short fall in the extension of time in our flat that would be going against our mortgage. We are both extremely stressed, tired and exhausted by the issues we are confronted by. It hasn't been our fault for any of these issues, yet we are suffering for it. Any advice on how to deal with our current landlord (firmly believes that there isn't anything to complain about, nor will he entertain backdated rent reduction) and how to move Council to supply the required documents. Is there a duty of care for departments to dutifully complete requests within a timely fashion? Their website says three weeks.

Your thoughts or advice would be welcome.

Regards,

D

p.s. We are now expecting, our second chance, which brings added stress to get this sorted.

SpiderLegs

If you are stressed now, just wait until you own an ex-council flat.

princeofpounds

Repairs in private rented accommodation: https://england.shelter.org.uk/housing_advice/repairs/what_to_do_if_your_private_landlord_wont_do_repairs

Unless your landlord's negligence has caused you material damage or loss, no you cannot ask for compensation. 

It is your seller's responsibility to produce a management pack, not yours. Although of course they are reliant on that third party freeholder so they have little control over the process in reality (it is not even technically obligatory that a freeholder must supply one).

If the previous management pack took 8 weeks, it is quite likely that the missing document (what is it, by the way?) will take about 8 weeks also - it's the best guess we have. 

You can try the complaints process, but I suspect it will not help much as they can just say the magic word 'Covid' https://www.gov.uk/complain-about-your-council/. You may wish to contact the relevant councillor - there's always a slim chance that an enquiry by them may magically bring the document up the in-tray.

Best of luck with the new pregnancy. To be frank, you are putting a lot of this stress on yourselves; the council will almost certainly end up producing the document in a few weeks. Your rental may not be pleasant but as the weather is improving it could be more tolerable and your stay there looks like it is coming to an end anyway. If your current purchase falls through, which does not sound that likely at this stage, you should give notice and leave for a new rental anyway. I know it is easier to say than to do, but try not to pressure yourselves - it's probably very easy in these times to wind each other's tension up on the topic without the release of ordinary social life. And as for the baby - it doesn't care, it's perfectly comfortable in the best home it can have. The pregnancy does not need to add extra stress.

6 weeks exchange was always a total joke given that it's a flat that requires a management pack.

BondStreetRumble

SpiderLegs said:

If you are stressed now, just wait until you own an ex-council flat.

Yeah, I know. We have been slugged with a possible £20k bill for external works and radiator metering. It's like charging a patient who's bleeding out, for band-aids, instead of treating the building that is poorly insulated. Previous tenancies lasted years, with only two recorded tenants for the last ten years. Longer term tenants would imply comfortable living for the price they were paying.

BondStreetRumble

princeofpounds said:

Repairs in private rented accommodation: england.shelter.org.uk/housing_advice/repairs/what_to_do_if_your_private_landlord_wont_do_repairs

Unless your landlord's negligence has caused you material damage or loss, no you cannot ask for compensation. 

It is your seller's responsibility to produce a management pack, not yours. Although of course they are reliant on that third party freeholder so they have little control over the process in reality (it is not even technically obligatory that a freeholder must supply one).

If the previous management pack took 8 weeks, it is quite likely that the missing document (what is it, by the way?) will take about 8 weeks also - it's the best guess we have. 

You can try the complaints process, but I suspect it will not help much as they can just say the magic word 'Covid' gov.uk/complain-about-your-council/. You may wish to contact the relevant councillor - there's always a slim chance that an enquiry by them may magically bring the document up the in-tray.

Best of luck with the new pregnancy. To be frank, you are putting a lot of this stress on yourselves; the council will almost certainly end up producing the document in a few weeks. Your rental may not be pleasant but as the weather is improving it could be more tolerable and your stay there looks like it is coming to an end anyway. If your current purchase falls through, which does not sound that likely at this stage, you should give notice and leave for a new rental anyway. I know it is easier to say than to do, but try not to pressure yourselves - it's probably very easy in these times to wind each other's tension up on the topic without the release of ordinary social life. And as for the baby - it doesn't care, it's perfectly comfortable in the best home it can have. The pregnancy does not need to add extra stress.

6 weeks exchange was always a total joke given that it's a flat that requires a management pack.

Thanks for the link, I'll review it shortly.
Understand that it is the Seller's responsibility to produce the management pack. They were advised by the estate agent to order the documents asap due to delays with other contracts, the Seller decided to delay for three weeks.
The rental flat would arguably not be in a unfit condition. Water and electricity shouldn't mix and shouldn't be accepted in any property and be deemed safe. We are living by lamp light. The plumbing fittings are so old and corroded that they need an overhaul not maintenance. Considering the property has remained in the owner's family or their ownership, they know if and when work was done. The place is best described as 'original', 'worn in' and 'untouched', (read: cash cow, do nothing landlord)
I suspect it will take 8 weeks too, which will drag us over the sale of the property to the new owner. They have plans to renovate the property (boost rental fee) so is eager to get us out asap.
Understand that the baby won't care, and nor do we for that matter. This is our first home and after 5 years of saving, it will be our first step on the property ladder. It isn't our forever home.
As for the pregnancy, we had a very traumatic end to the first and have been very tentative going into the second. We have been trying for years without success. All of our friends have had children, including multiple from my younger siblings. The pressure has been on for years from family and social expectation.

D

BondStreetRumble

Well, I'm not more than two years into dwelling and I wish I hadn't purchased it. In the beginning of the month that we finally got the keys, I found out my wife was pregnant. Super news as we had been trying for years.
A month after getting the keys, my work and I agreed to part ways. So unemployed and a baby on the way, but I found another a few months later after conducting a blitz renovation on a dwindling bank account.
The big kicker is that the listed items on the major works projects ballooned. I was up for sub £8k, now it is £18k with no end in sight. It seems as the figures provided to me by Council are woefully inaccurate compared to the reality now. Not everything can be attributed to the 'Special Operation'. There has to be gross negligence there.
So, I have a child in care five days a week (we are both full-time), a remortgage due mid next year (5%+ minimum or in real terms 50% per month more) and two major works programs due to complete at the same time Payment options are immediate payment, or ten monthly interest free payments, or borrowing against the little equity I have built up which will affect my LVR and a worse interest rate. I chose a property well within budget, but before a child, an energy crisis and destroyed banking system...

At least I have my health, the health of my wife and child, even after two rounds of Covid. Honestly, looking down the barrel of my choices before me and they do no look great...

Jonboy_1984

Have you tried a consultation with either the Leasehold Advisory Service or Citizens Advice to see if the process being followed with such extreme escalating costs is legal, or if they are worth appealing?

In the interim if you do make any payments consider communicating they are being paid under protest as you may ask a tribunal to review them for reasonable-ness(which is the legal playground if you do later need to challenge them).