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Council delays and Right to buy

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demi60
demi60 Posts: 43 Forumite
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in House buying, renting & selling
Hi there,

Just moved this thread. Looking for some advice. In January 2018, I started to buy my council house. I have the mortgage in place and even have an extra loan for home improvements. In January, March and May I have written to the council to ask if they could tell me if the property is underpinned to which I have received no reply from the council at all until yesterday.

When the surveyor came around to assess the house so I could get the mortgage, he said that these houses were sturdy and solid. I asked him the question about underpinning and he said that it didn't look as if it had been underpinned. The survey report satisfied the mortgage lenders. I've phoned the Right to Buy team also 3 times for answers - to have been underpinned or not!

We have been set for completion for weeks now and my solicitor has so far sent 3 letters to the council's solicitor's asking for a completion date.
My solicitor emailed me over their reply with yet no completion date. To date all I received is a Notice to complete by 23rd July or my RTB will be cancelled which I sent to my solicitor.

So I think I will get a structural survey for peace of mind but I think this is a delaying tactic by the council as they have so far ignored my letters and phone calls until yesterday stating that they do not keep historical data on all their properties!

Any advice will be much appreciated. :mad:
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  • lincroft1710
    lincroft1710 Posts: 17,648 Forumite
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    Unless there have been serious subsidence problems, it is rare for a house to be underpinned. If the council genuinely do not have comprehensive historical data on all their properties, then it is possible that a property may have been underpinned but there is no record of this.

    I think there is little you can do to force the council to hurry the sale along. Their house, their call on the speed of the sale.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • HampshireH
    HampshireH Posts: 4,480 Forumite
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    Have you been into the council and arranged a meeting with someone?
  • da_rule
    da_rule Posts: 3,618 Forumite
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    Right to Buy isn't like normal conveyancing, and a lot of solicitors cannot get their heads around this.

    The Council are under no obligation to respond to any matters that aren't directly related to the transfer. This means they only have to respond to matters concerning the title and matters contained within the transfer deed.

    You are entitled to buy the property in the condition its in, it is therefore up to you to ascertain that condition, ideally before you make the right to buy application.

    Have they served a s.140 or s.141 notice on you? They are different.
  • sevenhills
    sevenhills Posts: 5,887 Forumite
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    demi60 wrote: »
    Just moved this thread. Looking for some advice. In January 2018, I started to buy my council house. I have the mortgage in place and even have an extra loan for home improvements. In January, March and May I have written to the council to ask if they could tell me if the property is underpinned to which I have received no reply from the council at all until yesterday.
    The survey report satisfied the mortgage lenders. I've phoned the Right to Buy team also 3 times for answers - to have been underpinned or not!


    If your survey came back clear, why are you worrying about it being underpinned?
  • shortcrust
    shortcrust Posts: 2,697 Forumite
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    With local government as stretched as it is at present I can’t share the OP’s annoyance that they won’t spend time and money searching dusty archives for stuff like this.
  • jimbog
    jimbog Posts: 2,113 Forumite
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    Why are you so keen to establish this as opposed to any other issues?
    Gather ye rosebuds while ye may
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
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    edited 16 June 2018 at 8:11PM
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    demi60 wrote: »
    To date all I received is a Notice to complete by 23rd July or my RTB will be cancelled which I sent to my solicitor.
    It sounds like they're waiting for you. If they don't have records of underpinning its likely its because it hasn't been underpinned. Are there any signs of current or previous movement or underpinning?


    Your offer letter should state any known defects. To be underpinned they would be aware of movement.



    To apply the cost floor rule they need to know what has been spent on the property in the last 10 years (15 some properties). If it was underpinned over 10 years ago and hasn't moved its fine. If there are no signs of movement in the last 10 years its fine.
  • demi60
    demi60 Posts: 43 Forumite
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    edited 18 June 2018 at 11:32AM
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    Thank you everyone for your reply.

    I wanted this info about underpinning because it is a question on the buildings insurance.

    I have lived in this house for 15 years and there has been a crack in the hallway after an earthquake and that is the only time there has been cracks.
    The surveyor was very positive about this house, it was constructed in 1957 and there's been no problems with the house since I've lived here.
    I've found the council very obstructive and I guess I can understand that as it's their property. If there is no historical data then I have to assume that it hasn't been underpinned.

    Hope they will give me a completion date soon.

    Many thanks:T
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
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    demi60 wrote: »
    Hope they will give me a completion date soon.
    Who is they, the solicitor or the council? The council have given you a date you need to complete by.
    To date all I received is a Notice to complete by 23rd July or my RTB will be cancelled which I sent to my solicitor.
  • demi60
    demi60 Posts: 43 Forumite
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    The council gave me a Notice to complete by 23rd July 2018 or they will cancel my Right to buy. And my solicitor has asked for a completion date but their reply did not state any completion date.


    I have instructed my solicitor to ask the Council for a completion date. ;)
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