Selling a Leasehold flat nightmare
Selling a Leasehold flat nightmare
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Discussion

catman

Original Poster:

2,504 posts

204 months

Thursday 29th October 2020
quotequote all
Hi all,

Are there any experts on here who can help with my problem? I'm selling my flat, in a block that doesn't have any cladding. (I have a letter confirming this)

I have found a great buyer with a large deposit and I have found the house of my dreams. The big problem is that my buyer's lender have asked a few questions regarding the safety of the block, but the managing agent will not answer them. They haven't asked for an EWS1 though.

Are there any lenders out there who will accept the letter regarding the cladding as sufficient, or are my hopes doomed to failure?

Thanks in advance.

Sarnie

8,368 posts

238 months

Thursday 29th October 2020
quotequote all
The issue here isn't finding a new lender..........it's the management company.....

Any new lender will be guided by what their surveyor requests.........and most will want further info from the management company if they don't request the EWS1..........

catman

Original Poster:

2,504 posts

204 months

Thursday 29th October 2020
quotequote all
Thanks Sarnie. I think that this situation was caused by the Surveyor stating that there appeared to be cladding on the building, when it was clear that there isn't any. Just covering his backside and costing me a sale.

Sarnie

8,368 posts

238 months

Thursday 29th October 2020
quotequote all
catman said:
Thanks Sarnie. I think that this situation was caused by the Surveyor stating that there appeared to be cladding on the building, when it was clear that there isn't any. Just covering his backside and costing me a sale.
100% arse covering......but it's not him thats cost you the sale, it's the management company not replying.......

catman

Original Poster:

2,504 posts

204 months

Thursday 29th October 2020
quotequote all
Sarnie said:
100% arse covering......but it's not him thats cost you the sale, it's the management company not replying.......
Probably. They have said that they're not in a position to right now. I'm gutted. In my head, I had already moved in the house that I found. My buyer feels the same.

Luke.

11,992 posts

279 months

Thursday 29th October 2020
quotequote all
Can't believe how unprofessional these jokers are. What a frustrating situation to be in.

Gixer968CS

851 posts

117 months

Thursday 29th October 2020
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You could try to contact the Freeholder to put leverage on the managing agent, or if the managing agent is a member of a trade body (e.g RICS) you could contact them to see if they could influence things. Or, how about contacting the directors of the managing agent and complaining? Finally, could you suggest that the buyer gets a surveyor to check the items at your expense?

catman

Original Poster:

2,504 posts

204 months

Thursday 29th October 2020
quotequote all
Gixer, I raised a complaint with the CEO yesterday, having been dicked around for six weeks. I had a reply today, stating that safety tests have been carried out, but they are still waiting for the results.

This means that they can't truthfully answer the questions yet. The lender has stated that they will not even look at any other documents/opinions. They have been reasonable in not demanding an EWS1 though, so I don't hold them responsible really.

Having had an appalling year medically, I was looking forward to an early retirement near my Son. Now it looks like I'll have to go back to work, just to pay the bills.

Wacky Racer

41,301 posts

276 months

Thursday 29th October 2020
quotequote all
A terrible situation, but the management company are covering their backs before the results arrive. They could be sued for thousands if they said it was OK and it wasn't.

Hopefully resolved ASAP.

Good luck.

catman

Original Poster:

2,504 posts

204 months

Thursday 29th October 2020
quotequote all
Yes, that's their position. The lender could come after them if they change their story as to costs etc.after the buyer moves in. Thanks to all who have replied.

anonymous-user

83 months

Thursday 29th October 2020
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Luke. said:
Can't believe how unprofessional these jokers are. What a frustrating situation to be in.
Yup every thread about surveyors is the same.
Sheets of ass covering but no survey nearly every time if you read any thread on them in PH rolleyes

red_slr

20,694 posts

218 months

Thursday 29th October 2020
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There was a call in on LBC about this maybe 2 months ago. Some people were saying its taken so long to sort out that their mortgage offers expired.
Others saying they had waited months only to be told it may take 12 months + just to get the testing done due to the backlog. IIRC one guy who called in said he had been quoted time scales of 2-3 years.

catman

Original Poster:

2,504 posts

204 months

Thursday 29th October 2020
quotequote all
My buyer's mortgage expired weeks ago. I don't even have cladding on my building. I feel cheated.

Sarnie

8,368 posts

238 months

Thursday 29th October 2020
quotequote all
red_slr said:
There was a call in on LBC about this maybe 2 months ago. Some people were saying its taken so long to sort out that their mortgage offers expired.
Others saying they had waited months only to be told it may take 12 months + just to get the testing done due to the backlog. IIRC one guy who called in said he had been quoted time scales of 2-3 years.
I have a number of clients who are completely stuck.........one can't sell until the cladding is replaced in November 2021........one can't remortgage to raise funds to pay off his Ex, he can't sell it either, causing him huge stress...........one has had £400pm costs forced upon them to pay for security to walk around the site 24 hours a day to make sure they don't spontaneously combust......

red_slr

20,694 posts

218 months

Thursday 29th October 2020
quotequote all
I think there was an MP taking it up with the govt.

anonymous-user

83 months

Friday 30th October 2020
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red_slr said:
I think there was an MP taking it up with the govt.
Oh well that's it all sorted then.

Groat

5,637 posts

140 months

Friday 30th October 2020
quotequote all
The issue may be the small number of specialist surveyors who can sign the certificate of safety the lenders require and the very very large number of dwelling owners who need the certificate.

I don't think it's possible to get a block certificate for a whole building. I think every individual dwelling needs one.

ETA:

https://www.theguardian.com/money/2020/sep/05/uk-f...

Edited by Groat on Friday 30th October 18:26

catman

Original Poster:

2,504 posts

204 months

Saturday 31st October 2020
quotequote all
Still trying to find a way around this. Is this viable, do you think? My buyer has a very large deposit (£180K) he pays this to me on completion and I obtain a legal charge for the balance.

I put £140K down on my new home and obtain an 'over 65' interest only mortgage for the balance. When the test results are back, my buyer gets his mortgage as intended and satisfies my legal charge (100K+) He could, if he chooses, make regular payments to me, which would reduce his liability to the charge.

As before, there isn't any cladding, so the results should be ok. The property is inspected annually for insurance purposes so I expect that if there were any glaring problems they would have been noticed by now.


Condi

20,339 posts

200 months

Saturday 31st October 2020
quotequote all
catman said:
I had a reply today, stating that safety tests have been carried out, but they are still waiting for the results.

This means that they can't truthfully answer the questions yet. The lender has stated that they will not even look at any other documents/opinions.
catman said:
As before, there isn't any cladding, so the results should be ok.
Colour me a bit confused, but what safety tests are they doing, and waiting for results back for, if there is categorically no cladding?

If there is no cladding at all, then no safety tests are required and the managing agent can state so in reply to the lenders questions. If they are waiting for test results it suggests there is more to it than the agents simply stating that there is no cladding.

The whole situation is a clusterfk though, there are many flats which simply cannot be sold at the moment because they do have cladding. It is utterly unbelievable that our incompetent housing minister hasn't sorted it, but finds time to sign off building projects for his mates, and cash for a neighboring town in return for that MP to give his town some cash too. But don't worry, we're all in this together. biggrin

catman

Original Poster:

2,504 posts

204 months

Saturday 31st October 2020
quotequote all
Definitely no cladding, I have that in writing. They are being told to inspect things like cavity wall insulation too, as an extra precaution I believe.

It's really frustrating. with the size of my buyer's deposit, I thought that it would be plain sailing.
I had already moved into my new house mentally. I never gave it a second thought.