Management company failed to disclose building defects
Discussion
A family member purchased a leasehold flat in early 2020. Contracts were exchanged in February.
They were informed a few weeks back that a number of building defects were identified during a Fire safety risk assessment survey in 2019 and have been served with a Section 20 notice of Intention as the original builder is refusing to pay (despite breaching building regs ) The costs of repairs could be up to £10,000 for each leaseholder although this hasn't been confirmed.
Looking back through the conveyancing paperwork from the management company, there's absolutely no mention of this issue even though they were clearly aware as it was identified three months before contracts were exchanged. Instead they supplied an old copy (2018) of the same fire safety risk assessment survey instead of the updated copy listing the defects.
Do they have any comeback ? I'm aware of the duties of the seller to disclose issues via the TA6 but it transpires residents weren't made aware of the issues until later this year.
They were informed a few weeks back that a number of building defects were identified during a Fire safety risk assessment survey in 2019 and have been served with a Section 20 notice of Intention as the original builder is refusing to pay (despite breaching building regs ) The costs of repairs could be up to £10,000 for each leaseholder although this hasn't been confirmed.
Looking back through the conveyancing paperwork from the management company, there's absolutely no mention of this issue even though they were clearly aware as it was identified three months before contracts were exchanged. Instead they supplied an old copy (2018) of the same fire safety risk assessment survey instead of the updated copy listing the defects.
Do they have any comeback ? I'm aware of the duties of the seller to disclose issues via the TA6 but it transpires residents weren't made aware of the issues until later this year.
I’d suggest you seek legal advice, as I doubt this will come anywhere close to 10k for an initial consultation.
I believe most parts of the U.K. have laws around disclosure at point of sale, and if this fault is something you can demonstrate was known yet hidden at point of sale there is a chance a court would rule in your favour and force the previous owner to cough up.
I believe most parts of the U.K. have laws around disclosure at point of sale, and if this fault is something you can demonstrate was known yet hidden at point of sale there is a chance a court would rule in your favour and force the previous owner to cough up.
How confident are you (and the other people affected) that the actions noted in the FRA are actually required. I have seen huge variations in the standards of FRAs (on commercial properties in my case) and would consider a review if big money is going to be spent. There are a limted number of things that are regulations and an awful lot that is guidance so make sure that the spend is actaully required and there couldn't be other way to meet the requirements
mfmman said:
How confident are you (and the other people affected) that the actions noted in the FRA are actually required. I have seen huge variations in the standards of FRAs (on commercial properties in my case) and would consider a review if big money is going to be spent. There are a limted number of things that are regulations and an awful lot that is guidance so make sure that the spend is actaully required and there couldn't be other way to meet the requirements
None of them have a clue other than being hit with a section 20 notice and rumour mill of £10k per flat that seems to be emanating from the on site management office. There are over 300 properties and have recently spent £3 million on new roofs for several blocks. So the pot is empty. They are saying the original construction company breached building regulations when the flats were built over a decade ago. The same company have denied this, have agreed to pay a small settlement sum only. The management company say this doesn't cover the costs and will press on regardless with the repairs and charge lease holders for the excess.
We have sent an e mail stating this was never disclosed in the conveyancing process, are refusing to pay and will take legal advice.
slowpeddler65 said:
A family member purchased a leasehold flat in early 2020. Contracts were exchanged in February.
They were informed a few weeks back that a number of building defects were identified during a Fire safety risk assessment survey in 2019 and have been served with a Section 20 notice of Intention as the original builder is refusing to pay (despite breaching building regs ) The costs of repairs could be up to £10,000 for each leaseholder although this hasn't been confirmed.
Looking back through the conveyancing paperwork from the management company, there's absolutely no mention of this issue even though they were clearly aware as it was identified three months before contracts were exchanged. Instead they supplied an old copy (2018) of the same fire safety risk assessment survey instead of the updated copy listing the defects.
Do they have any comeback ? I'm aware of the duties of the seller to disclose issues via the TA6 but it transpires residents weren't made aware of the issues until later this year.
Your family member needs to go to an appropriately qualified and insured lawyer, to seek advice. The conveyancer who dealt with the purchase is the place to start.They were informed a few weeks back that a number of building defects were identified during a Fire safety risk assessment survey in 2019 and have been served with a Section 20 notice of Intention as the original builder is refusing to pay (despite breaching building regs ) The costs of repairs could be up to £10,000 for each leaseholder although this hasn't been confirmed.
Looking back through the conveyancing paperwork from the management company, there's absolutely no mention of this issue even though they were clearly aware as it was identified three months before contracts were exchanged. Instead they supplied an old copy (2018) of the same fire safety risk assessment survey instead of the updated copy listing the defects.
Do they have any comeback ? I'm aware of the duties of the seller to disclose issues via the TA6 but it transpires residents weren't made aware of the issues until later this year.
bladebloke said:
Your family member needs to go to an appropriately qualified and insured lawyer, to seek advice. The conveyancer who dealt with the purchase is the place to start.
Cheers. Yes we've e mailed them, however the Individual who dealt with the move has retired so expect a delay. Looking through the paperwork we noticed that the sellers TA6 was signed and dated five months before an enquiry was even made on the place. Clearly it refers to a previous sale that fell through so we are disappointed that this wasn't picked up by the conveyancer. Likewise the fire safety and risk assessment provided was an old one, again not picked up. Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff