Bought property but no communal maintenance

TeaAndToast_2

Mum bought a property and the solicitor explained the outside ground maintenance and internal communal/building charges prior to signing.  I had never seen the property myself but went with her to sign.  When I contacted the company we were told covered the building to setup payments they said that they only cover the outside grass cutting and not the inside. 

The inside doesn't look to have been cleaned in months and another renting person said the heating doesn't work.  Our solicitor has followed-up themselves and can't find who's responsible.  They are going to go back to the sellers solicitor.  Has anyone any advice as this seems to be a major issue to me from a health and safety and property value.  Any advice would be much appreciated.

Emmia

This sounds like a leasehold property, what does the lease say about maintenance?

Has the property actually been purchased? Or is that in progress? This is the sort of thing to ask about before buying... Not after 

TeaAndToast_2

Emmia said:

This sounds like a leasehold property, what does the lease say about maintenance?

Has the property actually been purchased? Or is that in progress? This is the sort of thing to ask about before buying... Not after 

It's freehold and bought outright with cash she had from a previous sale.  We got a breakdown from the solicitor that said it was a company that manages the building which it wasn't.

_Penny_Dreadful

TeaAndToast_2 said:

Mum bought a property and the solicitor explained the outside ground maintenance and internal communal/building charges prior to signing.  I had never seen the property myself but went with her to sign.  When I contacted the company we were told covered the building to setup payments they said that they only cover the outside grass cutting and not the inside. 

The inside doesn't look to have been cleaned in months and another renting person said the heating doesn't work.  Our solicitor has followed-up themselves and can't find who's responsible.  They are going to go back to the sellers solicitor.  Has anyone any advice as this seems to be a major issue to me from a health and safety and property value.  Any advice would be much appreciated.

TeaAndToast_2 said:

Emmia said:

This sounds like a leasehold property, what does the lease say about maintenance?

Has the property actually been purchased? Or is that in progress? This is the sort of thing to ask about before buying... Not after 

It's freehold.  We got a breakdown from the solicitor that said it was a company which it wasn't.

Is this property in England or Wales? It sounds from your description that your mum has purchased a flat due to the internal communal areas. I believe freehold flats are a rarity and that usually leasehold. A leaseholder could also own the freehold to the whole building or a share of the freehold to the whole building in addition to their lease. I think Northern Ireland is similar with regards to property ownership but don’t quote me on that. 

Is the property in Scotland where the ownership would be “heritable interest” rather than freehold and you’re paying a factor to look after the communal areas as flat owners have a heritable interest rather than a lease of some description? 

It would help if you could confirm which part of the UK the property is in. 

You also need to read what’s in the Title Deeds or Lease or whatever it is your mother has signed about responsibility for communal areas and payment of factors fees or service charges. 

I know that with flats I own in Scotland where there isn’t a factor the residents all takes turns in keeping the communal areas clean. 

From your opening post it sounds like your mum has bought a flat as there are internal communal areas. Can you confirm that’s the case? 

TeaAndToast_2

_Penny_Dreadful said:

TeaAndToast_2 said:

Mum bought a property and the solicitor explained the outside ground maintenance and internal communal/building charges prior to signing.  I had never seen the property myself but went with her to sign.  When I contacted the company we were told covered the building to setup payments they said that they only cover the outside grass cutting and not the inside. 

The inside doesn't look to have been cleaned in months and another renting person said the heating doesn't work.  Our solicitor has followed-up themselves and can't find who's responsible.  They are going to go back to the sellers solicitor.  Has anyone any advice as this seems to be a major issue to me from a health and safety and property value.  Any advice would be much appreciated.

TeaAndToast_2 said:

Emmia said:

This sounds like a leasehold property, what does the lease say about maintenance?

Has the property actually been purchased? Or is that in progress? This is the sort of thing to ask about before buying... Not after 

It's freehold.  We got a breakdown from the solicitor that said it was a company which it wasn't.

Is this property in England or Wales? It sounds from your description that your mum has purchased a flat due to the internal communal areas. I believe freehold flats are a rarity and that usually leasehold. A leaseholder could also own the freehold to the whole building or a share of the freehold to the whole building in addition to their lease. I think Northern Ireland is similar with regards to property ownership but don’t quote me on that. 

Is the property in Scotland where the ownership would be “heritable interest” rather than freehold and you’re paying a factor to look after the communal areas as flat owners have a heritable interest rather than a lease of some description? 

It would help if you could confirm which part of the UK the property is in. 

You also need to read what’s in the Title Deeds or Lease or whatever it is your mother has signed about responsibility for communal areas and payment of factors fees or service charges. 

I know that with flats I own in Scotland where there isn’t a factor the residents all takes turns in keeping the communal areas clean. 

From your opening post it sounds like your mum has bought a flat as there are internal communal areas. Can you confirm that’s the case? 

It's Northern Ireland and the property has a shared front door and stairs, so has smoke alarms and lights etc that would need serviced. The communal heating doesn't even work.  I checked another property for sale and they are also listed as freehold.  The solicitor kept the bit she signed which I presume are the deeds and gave us a breakdown sheet.

If the deeds state the wrong company which I feel they will as the company they said doesn't, and it ends up that there is nobody covering the communal area.  Do we have any comeback as it would knock a lot off the value and sellability of the property.

_Penny_Dreadful

TeaAndToast_2 said:

_Penny_Dreadful said:

TeaAndToast_2 said:

Mum bought a property and the solicitor explained the outside ground maintenance and internal communal/building charges prior to signing.  I had never seen the property myself but went with her to sign.  When I contacted the company we were told covered the building to setup payments they said that they only cover the outside grass cutting and not the inside. 

The inside doesn't look to have been cleaned in months and another renting person said the heating doesn't work.  Our solicitor has followed-up themselves and can't find who's responsible.  They are going to go back to the sellers solicitor.  Has anyone any advice as this seems to be a major issue to me from a health and safety and property value.  Any advice would be much appreciated.

TeaAndToast_2 said:

Emmia said:

This sounds like a leasehold property, what does the lease say about maintenance?

Has the property actually been purchased? Or is that in progress? This is the sort of thing to ask about before buying... Not after 

It's freehold.  We got a breakdown from the solicitor that said it was a company which it wasn't.

Is this property in England or Wales? It sounds from your description that your mum has purchased a flat due to the internal communal areas. I believe freehold flats are a rarity and that usually leasehold. A leaseholder could also own the freehold to the whole building or a share of the freehold to the whole building in addition to their lease. I think Northern Ireland is similar with regards to property ownership but don’t quote me on that. 

Is the property in Scotland where the ownership would be “heritable interest” rather than freehold and you’re paying a factor to look after the communal areas as flat owners have a heritable interest rather than a lease of some description? 

It would help if you could confirm which part of the UK the property is in. 

You also need to read what’s in the Title Deeds or Lease or whatever it is your mother has signed about responsibility for communal areas and payment of factors fees or service charges. 

I know that with flats I own in Scotland where there isn’t a factor the residents all takes turns in keeping the communal areas clean. 

From your opening post it sounds like your mum has bought a flat as there are internal communal areas. Can you confirm that’s the case? 

It's Northern Ireland and the property has a shared front door and stairs, so has smoke alarms and lights etc that would need serviced. The communal heating doesn't even work.  I checked another property for sale and they are also listed as freehold.  The solicitor kept the bit she signed which I presume are the deeds and gave us a breakdown sheet.

If the deeds state the wrong company which I feel they will as the company they said doesn't, and it ends up that there is nobody covering the communal area.  Do we have any comeback as it would knock a lot off the value and sellability of the property.

Perhaps a previous owner bought out the ground rent under the Ground Rent Purchase Scheme and what your mum purchased really was a freehold interest. In any case your mum really needs to get hold of the deeds to see who is responsible for what. She can either ask for copies from her solicitor or get them from the Northern Irish Land Registry. 

It’s quite possible the company who maintains the outside area has changed but I wouldn’t expect property deeds to be updated every time a new company is awarded the contract. 

HampshireH

It less unusual for two flats behind one communal door not to be cleaned as part of an MA s responsibility.

Many years ago I rented a ground floor flat which was exactly like this. Looked like a row of houses but behind each door were two flats and a flight of stairs.

No one except us maintained the stairway  

As above though the deeds will determine responsibility 

That said the MA must know who employs them. Is it a residents committee?

TeaAndToast_2

HampshireH said:

It less unusual for two flats behind one communal door not to be cleaned as part of an MA s responsibility.

Many years ago I rented a ground floor flat which was exactly like this. Looked like a row of houses but behind each door were two flats and a flight of stairs.

No one except us maintained the stairway  

As above though the deeds will determine responsibility 

That said the MA must know who employs them. Is it a residents committee?

MA?  There's a few flats above a row of shops accessed by 1 communal door. The solicitor did say we were responsible for maintaining the parking space. I'm more worried about what happens if there's damage to the building moreso than cleaning.

The company managing the outside green  area has been the same for many years as I live nearby and pay them.  They do manage another building in the development but not this one.  If the deeds list a management company that's not in place.... is it our fault for not digging deeper or does the solicitor have a responsibility to make sure there is?

Emmia

TeaAndToast_2 said:

HampshireH said:

It less unusual for two flats behind one communal door not to be cleaned as part of an MA s responsibility.

Many years ago I rented a ground floor flat which was exactly like this. Looked like a row of houses but behind each door were two flats and a flight of stairs.

No one except us maintained the stairway  

As above though the deeds will determine responsibility 

That said the MA must know who employs them. Is it a residents committee?

MA?  There's a few flats above a row of shops accessed by 1 communal door. The solicitor did say we were responsible for maintaining the parking space. I'm more worried about what happens if there's damage to the building moreso than cleaning.

The company managing the outside green  area has been the same for many years as I live nearby and pay them.  They do manage another building in the development but not this one.  If the deeds list a management company that's not in place.... is it our fault for not digging deeper or does the solicitor have a responsibility to make sure there is?

Normally with property purchase it's a case of Caveat Emptor, or buyer beware. You have in some ways fewer rights than when buying a toaster.

Your solicitor has a duty to advise you, but you need to ask questions and read the paperwork, do all the surveys etc. was the lack of cleaning and maintenance not obvious to your mum when she viewed? Did she actually view the property before purchase?

TeaAndToast_2

Emmia said:

TeaAndToast_2 said:

HampshireH said:

It less unusual for two flats behind one communal door not to be cleaned as part of an MA s responsibility.

Many years ago I rented a ground floor flat which was exactly like this. Looked like a row of houses but behind each door were two flats and a flight of stairs.

No one except us maintained the stairway  

As above though the deeds will determine responsibility 

That said the MA must know who employs them. Is it a residents committee?

MA?  There's a few flats above a row of shops accessed by 1 communal door. The solicitor did say we were responsible for maintaining the parking space. I'm more worried about what happens if there's damage to the building moreso than cleaning.

The company managing the outside green  area has been the same for many years as I live nearby and pay them.  They do manage another building in the development but not this one.  If the deeds list a management company that's not in place.... is it our fault for not digging deeper or does the solicitor have a responsibility to make sure there is?

Normally with property purchase it's a case of Caveat Emptor, or buyer beware. You have in some ways fewer rights than when buying a toaster.

Your solicitor has a duty to advise you, but you need to ask questions and read the paperwork, do all the surveys etc. was the lack of cleaning and maintenance not obvious to your mum when she viewed? Did she actually view the property before purchase?

She's 80 and with poor eyesight so didn't really notice but as soon as I walked in to see it for the first time I did.  We were advised at signing that the property was managed and told the charge. Only thing we were responsible for was the parking space.

RHemmings

What is the situation with buildings insurance? I'm just curious if this is another thing that may have fallen between cracks.