Misrepresentation act - Subsidence

nomadicrebel

Evening all,

I recently have been hit with an building insurance bill for my flat, which was higher than I have previously paid. When I enquired, this was due to a previous claim against subsidence dating all the way back to 2010.

Shortly after, I had a surveyor around about a re-mortgage and he pointed out that there was cracking caused by subsidence and estimated the place £50K lower than what I was anticipating. 

Digging up my enquiries, the solicitor did ask the vendor if there was any history of subsidence, to which the answer was no. Yet the building insurance would have increased back in 2010. The previous vendor owned the property for 15 years, so I cannot believe he didn't know about the claim. It also appears some work was done to my flat. 

Am I right I have a right to claim damages against the seller? 

user1977

How long ago did you buy?

theartfullodger

You might also try the Fraud Act 2010 s2&3 - see
https://www.legislation.gov.uk/ukpga/2006/35/crossheading/fraud

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2 Fraud by false representation

3 Fraud by failing to disclose information

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(Criminal as well as civil btw..)

TBG01

What did your survey at the time of buying say.

user1977

theartfullodger said:

You might also try the Fraud Act 2010 s2&3 - see
https://www.legislation.gov.uk/ukpga/2006/35/crossheading/fraud

### 

2 Fraud by false representation

3 Fraud by failing to disclose information

####

(Criminal as well as civil btw..)

No, the Fraud Act doesn't create any civil liability. Only relevant if you go to the police and they think it's in the public interest / involved criminal intent / provable beyond reasonable doubt etc. Which doesn't sound at all likely. And doesn't get you any money even if they did pursue it.

nomadicrebel

user1977 said:

How long ago did you buy?

January this year we completed. It was a basic survey not structural. 

GoogleMeNow

Doesn't the freeholder have responsibility for the buildings insurance?

Slithery

GoogleMeNow said:

Doesn't the freeholder have responsibility for the buildings insurance?

Usually yes, but the cost still falls to the leaseholder.

tooldle

When you says ‘it also appears some work was done to my flat’, what specifically was done?

TripleH

It might count against you that you only had a basic survey as your vendor would argue 'a full survey would have picked it up, buyer remorse due to lack of due dilligence'

If you bought in January 2021, why are you changing mortgages?

Also I can't see how you would have had a previous insurance charge for this flat. Bills vary from property to property and whilst your bill is higher than expected, this might not be an issue if similar properties in your area / even this country have gone up proportionately as well?

bouicca21

Surely the cost of insurance has not suddenly increased because of an event 11 years’ ago?  Did you not check the service charge before buying?