Suing chartered surveyor possibly?

theartfullodger

I've bought a property, at auction, without having looked inside it (drove past it), but did so knowing I could handle the loss (with sadness..) if it all went wrong.  It worked out OK, still own it, 21 years later. Cost £18.5k.. views of sea lochs and mountains, 2 bed terrace.  I recognised the stupidity and risk I was running.  Children do not do this at home.

You WERE permitted to view the property during lockdown, the rules were/are clear:  OK you might have chosen not to, but that would be your choice, ergo you take the consequential loss. 

Buying an old-ish (by the sound of it) property, for cash, with no full structural survey, presumably not cheap, was either (excuse bluntness) very reckless or you'd already decided you didn't mind the consequences of it going wrong.

Nothing to panic about: Buying property is a bit like getting married: You don;t know until 2 or 3 years later if it was a good idea or not.  Buying/selling property, and marriage, is always a bit of a gamble. 

Enjoy the house, see how things develop. 

Best wishes to all, good luck!

garnelle

Thank you all for your replies.

It would seem that the costs are down to me then.

I could not view as I was abroad at the time.

I appreciate that at the time of construction - 1960's) the stairs were compliant with contemporary regulations.

I think my hopes were falsely raised when I read that surveyors had been successfully sued for failing to mention asbestos lagging etc in houses even though its use was permissable at the time of  theirconstruction.

Unfortunately a ground floor kitchen will have to be remodelled to allow the rectification works to proceed hence the £10k cost.

Ditzy_Mitzy

What are the dimensions of the stairs, just out of interest?  I mean depth of tread x height of riser.  

AdrianC

garnelle said:

I could not view as I was abroad at the time.

Of course, you could have delayed the purchase...

I think my hopes were falsely raised when I read that surveyors had been successfully sued for failing to mention asbestos lagging etc in houses even though its use was permissable at the time of  theirconstruction.

The difference is that the layman cannot be reasonably expected to notice asbestos insulation, in the same way they can be reasonably expected to notice the staircase.

There are also not a myriad of legislative restrictions on using staircases, no matter how steep, because their mere presence is far less likely to kill you slowly and unpleasantly.

Doozergirl

Herbalus said:

I replaced my stairs a few years ago and the cost of the actual staircase was £1400. I’m not convinced labour and redecorating would be nearly £8k so have a look at your costings.

My stairs were £310!  Stairbox is a fabulous resource for made to measure staircases.  

Spent another £300 odd on raw timber to make the handrail and floor to ceiling 'spindles'. 

Paid our carpenter to work some magic and we have a really unique set of stairs for less than £2k.  

lookstraightahead

You didn't view the property yet still didn't have a structural survey? Really, why did you buy it?

TBagpuss

As others have said, you haven't a hope of suing the surveyor - even of you didn't view in person that was down to you, and you could have requested the agents do a video tour so you 'look round' remotely, had you wished to. 

In your position, I'd suggest waiting a little to see how you find it living with the stairs, you may find you get used to them and are happy to leave them as they are, if not,  you can still go ahead with the upgrade

garnelle

Once again thanks to all for your input.

In response:

Riser 230mm - Tread/Going 190mm = angle of incline 52 degrees - I think?

I had no idea that there were so many deaths relating to Asbestosis - 5000 per annum- the vast majority of which were contracted in an industrial/workplace environment.. A terrible tragedy.

Staircase building regulations perhaps in some way are drafted to contain/reduce the annual toll of 800 stair related deaths and reduce the number of staircase recorded accidents - slips, trips and falls - of some quarter of a million.The vast majority of which take place in a domestic/institutional environment.

Unfortunately my wife has a hip condition that is aggravated by descending the stairs in a 'side ways fashion' so living with this is not an option.

The good news is that a solicitor who is experienced and successful in this field, having read my Homebuyers Survey has agreed to take on my case on a 'No win no fee basis' subject to an 'expert witness' report confirming my measurements and I to cover this cost of £408 inc. 

 Also they will charge approx 20% of the final award/damages. Their opinion is that my original estimate is far too low. They suggested numerous costs that I had not considered such as hotel accommondation, food and beverage items, laundary charges  plus numerous additional buiding works etc.

Having read the relevant RICS Professional Statement and discussed my case with the solicitor I am tempted to follow the MCOL with the objective of saving approx £2500 in legal fees. Perhaps current Covid related sentiment could play in my favour re not viewing?

Could anyone advise me that if I lose this case would it then have an adverse affect should it decide to go to the County Court an a NWNF basis?

I will keep this thread updated subject to NDA linked settlement that the NWNF solicitor feels is the most likely outcome of that course of action.

Thank you once again.

SpiderLegs

This thread could turn into an all time classic.

fiveacre

I'd keep the £408 personally. I don't see how this will be argued to be required or essential maintenance to the property, and not improvements works that you are electing to make.

You're asking for your laundry and food costs to be reimbursed?