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    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.    Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.   The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved.  Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
    • I was referring to #415 where you wrote "I was forced to try to sell - and couldn't." . And nearer the start in #79 .. "I couldn't sell.  I had an incredibly valuable asset. Huge equity.  But the interest accrued / the property market suffered and I couldn't find a buyer even at a level just to clear the debt." In #194 you said you'd tried to sell for four years.  The reason for these points is that a lot of the claims against for example your surveyor, solicitor, broker, the lender and now the receiver are mainly founded in a belief that they should have been able to do something but did not. Things that might seem self evident to you but not necessarily to others. Pressing these claims may well need a bit more hard evidence, rather than an appeal to common sense. Can you show evidence of similar properties, with similar freehold issues, selling readily? And solid reasons why the lender should have been able to sell when you couldn't.
    • You can use a family's address.   The only caveat is for the final hearing you'd need to be there in person   HOWEVER i'd expect them to pay if its only £200 because costs of attending will be higher than that
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housing inspectors re issue with damp flat


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Im not sure if ive posted this in the right forum but im looking for some advice on what i should do next....

 

 

I rent a upstairs flat off the local council housing authority, i lived there a few year and since ive moved in the whole flat has had a massive problem with damp amd mould growing on the walls, on my furniture and its ruined many of mine and my childs clothes.

 

Downstairs where the front door is the wall is constantly soaking wet, the wall blebs and flakes. Ive requested the housing inspector to come out several times, t o which im told its just condensation and to keep the windows open to stop the mould growing, .and theyve turned the dri master in the flat up a few settings to which its made no different.

 

The flat is constantly freezing cold and black , and wet. I dont think the council are making a big enough effort to get to the route of the problem of why the flat is havin these problems, is there anywhere i can go to get my flat inspected anda report givin to the coucil of what repairs should be done to the flat?

Edited by citizenB
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Im not sure if ive posted this in the right forum but im looking for some advice on what i should do next....

I rent a upstairs flat off the local council housing authority, i lived there a few year and since ive moved in the whole flat has had a massive problem with damp amd mould growing on the walls, on my furniture and its ruined many of mine and my childs clothes. Downstairs where the front door is the wall is constantly soaking wet, the wall blebs and flakes. Ive requested the housing inspector to come out several times, t o which im told its just condensation and to keep the windows open to stop the mould growing, .and theyve turned the dri master in the flat up a few settings to which its made no different. The flat is constantly freezing cold and black , and wet. I dont think the council are making a big enough effort to get to the route of the problem of why the flat is havin these problems, is there anywhere i can go to get my flat inspected anda report givin to the coucil of what repairs should be done to the flat?

 

Sounds like condensation, which is usually due to lifestyle (inadequate heating & ventilation). The drimaster should take care of ventilation. Are you using the heating? Are you drying laundry inside the flat? Are there any leaks or other sources of water penetration? You'll need to demonstrate that the condensation is due to a defect with the property or make a formal complaint to the council.

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Thanks for the replys

I dont dry laundry on the raditors, i use a dryer or hang them outside on a dry day, i have the heating on when its cold, i have a young child that i need to keep warm, i keep all the vents on all the windows open ( which the council advised). Ive followed all the councils advice but it isnt gettin any better. Is there anything else i can try?

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The only other things I can think of are that the drimaster is on the blink, but you did say it had been adjusted and should have been checked then. Water leaks or penetration could introduce moisture, check for dodgy rainwater pipes gutters & roof tiles. Also check internal pipework, washing machine, sink, bath etc for leaks. Good luck.

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The only other things I can think of are that the drimaster is on the blink, but you did say it had been adjusted and should have been checked then. Water leaks or penetration could introduce moisture, check for dodgy rainwater pipes gutters & roof tiles. Also check internal pipework, washing machine, sink, bath etc for leaks. Good luck.

 

Thanks for the advice :)

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Hi

 

I am sorry but IMO the council housing are using the old excuse of condensations it your fault, well if this is your fault then where is their physical evidence to prove that statement. It is just sheer laziness to pass the buck as we dont want to wast money doing a proper investigation.

 

I would contact the councils Enviromental Health Department and request that they visit your property and make sure you insist on a copy of their report.

 

Now when you say upstairs flat what is above your flat i.e. is it then the attic and roof etc?

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http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions

 

If you think the Council are not taking you seriously then contact Shelter - they have an advice department that might be able to advise what you can do.

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Hi

 

I am sorry but IMO the council housing are using the old excuse of condensations it your fault, well if this is your fault then where is their physical evidence to prove that statement. It is just sheer laziness to pass the buck as we dont want to wast money doing a proper investigiation.

 

I would contact the councils Enviromental Health Department and request that they visit your property and make sure you insist on a copy of their report.

 

Now when you say upstairs flat what is above your flat i.e. is it then the attic and roof etc?

 

Yeah theres just the loft and roof above me. The walls at the bottom of the stairs are that wet and damp the paint is literally dripping off the walls even tho it was painted in the summer, thats damp it is.

Would i have to pay for enivornmental health to come do an investigtion?

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Environmental Health are unlikely to inspect as the council are unable to take enforcement action against themselves. I agree with Stu007, there is a tendency by maintenance inspectors to assume that black mould is due to the lifestyle of the occupants (probably because it usually is). However, they should still take it seriously and investigate it properly.

 

The way I see it, you can either go through the councils formal complaints procedure, usually a 3 stage process, after which you can go to the local government ombudsman, if you're still not satisfied. You could go to Shelter for advice or you could find a solicitor who specialises in housing disrepair cases. You could, of course, do all three!

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Hi

 

I have to disagree that the Enviromental health will not investigate council housing you must remember yes it may be council but these are two completely different department that are required to follow legislations.

 

Are other tenants in the other flats in your building having that same issues with damp?

 

If they are why not get together as a Group and complain to council housing as one group this will make them standup and take notice.

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I wonder what action the Council would take against a private LL with similar reported problems?

An FOIA request to Council for number of similar problem reports received, against private vs social housing LLs and action taken, may be 'educational.'

Council must make some response within 21 working days. I believe there is a public website to submit FOI requests where the public can review all correspondance. This infor would then be in public domain.

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Hi

 

I have to disagree that the Enviromental health will not investigate council housing you must remember yes it may be council but these are two completely different department that are required to follow legislations.

 

I don't know how it works in Scotland, but in England, a local authority can not prosecute itself. They will give advice on the health impacts of damp and mould, but most EH departments will not get involved in something where they have no enforcement powers. They are more likely to signpost to someone who can do something.

 

Another thought for OP is to approach her local councillor or MP. It's probably the fastest and most effective way to get action from a council.

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Can environmental health not just do a investigation, hand a report to the council that says what action needs to be done to reslove the issues the flat, that way there not going to keep fobbing me off saying its just condensation. Living in a damp mouldy flat just doesnt seem the right environment for.a.small child to be living in.

I forgot to add on my orginal post that all the rooms with the damp and mould issues have outside walls the only room that doesnt have the problem is the kitchen which the wall is joined to next door, have i explained that right? Ive tried to apply for a warm seal cavity grant but cant get one with it being a council property, the council inspector said the flats got cavity insulation.when he was here

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I would certainly ask the question of your EH department, they may investigate and liaise with the Housing Department to try to resolve the problem. The damp & mould occurring on the outside walls makes sense, as they'll be the coldest surfaces, especially if you have a North facing wall or walls which don't get much sun. The problem is likely to be worse behind furniture, pulling it about 100 - 150mm away from the wall can help.

 

You may be able to confirm if the cavity walls have been insulated because you can sometimes see where they've drilled the walls to inject it. Is your loft insulation up to scratch? I think the current standard is 270mm thickness of mineral wool.

 

This seems like an unusual case, it sounds like you're doing all the right things with regard to heating and laundry and you have a drimaster unit, which is normally very effective at reducing or eliminating condensation. If there are no leaks or water penetration issues, the only other solution would be to line the external walls with membrane and insulated plasterboard. Some houses are just prone to condensation and it can be difficult (and expensive) to resolve. Don't be fobbed off and stick to your guns with the Housing Department. Just because most condensation is due to people only using their heating for a couple of hours a day to dry laundry and never opening a window or using ventilation, it doesn't mean yours is.

 

You haven't mentioned what type/condition your external doors and windows are in. If you have poorly fitting doors and windows, they may need replaced or perhaps some draught excluders fitted. Most councils have their properties up to decent home standards (or better) by now. As Stu007 mentioned, it is worth speaking to some of your neighbours to see if they're having similar problems.

 

Hope this helps.

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Hi

 

@ Keyzer you are actually confusing the OP as I have previous said the Housing Side is completely as they are a "Registered Social Landlord seperate from the enviromental health side and yes they can investigate the councils housing and if necessary issue enforcement action if required so you are incorrect.

 

I also never once refered to scotland and if you had bothered to read this thread fully and the advice given was for england.

 

Therefore as the council housing is a Registered Social Landlord and seperate the enviromental health dept if required can take enforcement action is that is necessary.

Edited by stu007

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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