County court order vs a previous freeholder

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    County court order vs a previous freeholder

    Hi All

    I am buying the freehold of the property where I live.

    There are problems with some metal staircases in this property, as they have been neglected.

    Unfortunately the freehold is not willing to negotiate any reduction in price and I believe the LVT will not consider the staircases in its valuation.

    Will it be possible to get a county order, against the previous freeholder, after having purchased the freehold?

    Unfortunately I cannot postpone the hearing at the LVT and it should be due shortly. I am sure it will not be possible to obtain the county court order before purchasing the freehold.

    Many thanks in advance for your help.

    #2
    Hi

    Yes, sorry it is my first post and I didn't realize which forum I was choosing (I have also repsted in Leasehold question).

    I would like to take the person that will be shortly the previous freeholder to the county court for neglecting the metal staircases. I have had professional advice and the staircases have been left to rust out due to lack of maintenance.

    I am not suer about the process of going to the county court, but I am not sure either that once I become the freeholder I will be legally allowed to pursue the previous freeholder in court.

    Thanks again for your help.

    Comment


      #3
      Two related threads have been merged.
      I also post as Mars_Mug when not moderating

      Comment


        #4
        Mmmm the short answer is that in assessing the value of the property the extent of disrepair can be taken into consideration.

        While the cost of that repair may be the basis, remember its not the cost but the effect on value, which are not the same thing.

        Argue for the full cost but do remember that cost would have been paid for by the leaseholders anyway, not the freeholder.

        The cost above is therefore the additional cost to repair that could have been avoided had the freeholder kept in good repair eg if the metal has rotted where regular painting would have prevented that.
        Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

        Comment


          #5
          Hi Leaseholdanswers

          Thanks a lot for you reply.

          It is very good news that when assessing the value of the property the extent of these repairs can be taken in consideration. Replacing the staircases will have a total cost in excess of 15k; if the staircases had been yearly painted (incurring very little costs compared to replacing them) and maintained there would be no need to replace them.

          Do you think that my surveyor will have to reassess his valuation? if the LTV decides not to evaluate the staircases situation when deliberating about the freehold purchase, can I still go to the county court?

          Thanks in advance for your help

          Comment


            #6
            Well yes the surveyor can depending if its submitted built may well have factored that in- disrepair is something that shouod be factored into that.

            But once bought no you cant go to court as the price paid is the price paid, warts and all.

            Often its best to force the issue with a freeholder to repair, challenge the costs, get an award, then enfranchise.
            Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

            Comment


              #7
              Unfortunately we are already very close to the hearing, I believe.

              The notice was sent in February and the application to the LVT was made in April. I don't really want to withdrawn the notice and start the process from the beginning.

              Is there anything else I can do?

              Thanks again for your help.

              Comment


                #8
                No not really. Sorry. In any event is there any real gain bearing in mind that you are not going to get the cost of the staircase renewal just a portion.

                Having valued a building the state of repair and the liability for such issues should already being taken into account.
                Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

                Comment

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