Getting new LL to do outstanding repairs after purchase

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    Getting new LL to do outstanding repairs after purchase

    A friend of mine has had a long running disrepair dispute, originally with the previous LL, who did nothing except sell up. He didn't disclose to teh new LL that there was ever a dispute over disrepair and so he had to start again and go through the protocol before action; The current LL has taken well over a year to take the disrepair seriously.

    There are major problems all of which have been subject to an Environmental Health officver report which clearly states that the work that needs doing.

    The LL (a major High Street Bank) has only just got off it's backside and initiated quotes for the work which are likely to be in excess of £50k (peanuts to the Bank who spent nearly £500k on refurbing the bank premises below).

    Yesterday, my friend received a letter in the post telling him that a Commercial Real Estate representative would be calling round which suggests to him (and me) that the Bank is looking to sell the property on.

    My friends question are:

    1. If the property is sold on, what options are available to him to ensure that the disrepair is notified to the prospective purchasers

    2. Would he, legally, have to start the disrepair protocol before action from the beginning again or would he be within his rights to assume that the new LL's took over the property knowing of the disrepair and therefore just carry on from that point onwards, trying to get them to carry out the repairs, if they haven't already been done. (I'm thinking along the lines of a Transfer of Undertaking).

    Thanks in anticipation of someone giving some input here ..

    PS. there is also disagreement over tenancy status. The Bank have gone by what the former LL told them and only accept that they are Assured Tenants whereas my friend is going through the process to show they are Rent Act Tenants, so worrying about a S21 in either scenario, is not even in the equation thankfully.
    Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

    #2
    Originally posted by pippay View Post
    <snip>There are major problems all of which have been subject to an Environmental Health officver report which clearly states that the work that needs doing.<snip>

    Was an official letter or formal notice issued by the relevant Council? Have Environmental Health been informed of the changed circumstances?

    Yesterday, my friend received a letter in the post telling him that a Commercial Real Estate representative would be calling round which suggests to him (and me) that the Bank is looking to sell the property on.

    Why assume this? The Estate Representative may be looking at a whole range of issues such as the expenditure needed on the property and those works that it is mandatory for the landlord to complete. You have mentioned that the tenancy may be Rent Act protected and the costs of repairs and renovations could well cause problems. Maybe the Representative would prefer to make a reasonable offer to assist the present occupiers to move out

    My friends question are:

    1. If the property is sold on, what options are available to him to ensure that the disrepair is notified to the prospective purchasers

    Normally the purchasing solicitor would seek this advice from the vending solicitor. If the Council have issued a formal notice this should be declared

    <snip>

    The second question is more one for the lawyers


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    ..............
    Vic - wicked landlord
    Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
    Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

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      #3
      An official letter was sent to the previous LL, who sold to the current one. But no formal notice. The EHO are aware of the change of ownership.

      This Real Estate Co are not the Managing Agents. They are totally separate and new on the scene. Their portfolio suggests they are more into corporate aquisitions and sales and commercial auctions. Plus they were there to look at all the residential flats in the building.

      I can't see how the cost of the renovations could cause a problem when this is a Bank with billions at their disposal.

      The Managing Agents already made their final offer some months ago.. to move the family of 4 into 2 separate flats under a new tenancy agreement with no financial inducement. It was rejected.


      Originally posted by Worldlife View Post
      ..............
      Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

      Comment

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