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I sold my house because I was made redundant in my mid-50's and was stuggling to get another job. I did eventually get another job and after three months I contacted my mortgage lender, First Direct, and asked them if in principle they would give me another mortgage if I downsized, with the idea being I would reduce my mortgage from £140k to around £80k. They said they would, so I went ahead with the sale. When I contacted FD again they said they would not lend as I hadn't been employed for at least six months in my new job. So I ended up renting. But was laid off again after another few months.

 

So, I bought a flat - this was almost three years ago now. I did it up but couldn't live there as it turned out to be one bed and not two as i thought and freeholder insisted it was reinstated as one bed. I bought the flat at auction as I was unemployed and using the house capital to pay the rent which wasn't a good idea. So anyway, I have tried to sell it. There is a damp problem in the roof above my flat which is causing problems and ultimately I have lost three sales right at the last minute with the first loss due to no maintenance and the second two because of the damp. I have suffered periods of redundancy etc and so I had to have a bridging loan on the flat for trying to fix the damp and also to help with my living costs. The landlord keeps messing around and promises to fix the roof but never gets anything done.

 

Now the loan has expired and the flat has been repossessed. This flat represents everything I have worked for in 40 years, but redundancy has caused me so many problems.

 

When I bought the flat the landlord stated in writing (in the auction pack) that £11k had been spent on the roof but can only produce an invoice for £3k and the roofing agent's receptionist said there is no evidence of £11k being spent, but the roofer now refuses to discuss it. It sounds like accounting fraud etc to me but not sure how I can prove this. I didn't get a survey done as the auction pack came with a surveyor's report. (hindsight is a bummer!)

 

What I need to know is:

a) can I sue the landlord for the losses I will suffer when the flat is sold? It is worth around £110k on the open market but not with the damp, and I reckon the lenders will sell for a lot less.

b) if I am able to prove fraud or some type of fraudulent/incorrect invoicing activity or false claims by the landlord, what am I able to do to gain compensation.

 

This landlord has basically destroyed me - he knows his stuff whereas I don't really have a clue. He hates women and talks to me and my daughter as silly women - his words. I am losing the will to live, because not only do I have to pay an estate agent and exorbitant interest on the loan, I also have to pay maintenance charges and ground rent. He has not maintained the building and uses it to line his pockets.

 

But I also have a £2.5k council tax bill because the council are now charging me 150% because the flat is empty. I have been well and truly stuffed by this landlord, the council, the lender, the agents, and basically the government for messing with my job in the first place.

 

I now owe the lenders about £50k or just under and the other costs, we are looking at around £55k so I could be left owing money on the flat or getting next to nothing from the sale. I spoke to the lender, Petersbrook Securities, and they said they are obliged to sell with my interests in mind - I'm sure that's cobblers?

 

Is anyone able to offer any advice, including the costs associated with taking any action? I am desperate. I haven't done anything about this since September when it was repossessed as I've been so depressed about it all, and couldn't deal with it, but I'm having an 'up' day and don't want this freeholder to get away with this.

 

thank you

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Hi. I posted this in general legal enquiries but nobody read it, so thought I'd try this forum.

 

I sold my house because I was made redundant in my mid-50's and was stuggling to get another job. I did eventually get another job and after three months I contacted my mortgageicon lender, First Direct, and asked them if in principle they would give me another mortgageicon if I downsized, with the idea being I would reduce my mortgage from £140k to around £80k. They said they would, so I went ahead with the sale. When I contacted FD again they said they would not lend as I hadn't been employed for at least six months in my new job. So I ended up renting. But was laid off again after another few months.

 

So, I bought a flat - this was almost three years ago now. I did it up but couldn't live there as it turned out to be one bed and not two as i thought and freeholder insisted it was reinstated as one bed. I bought the flat at auction as I was unemployed and using the house capital to pay the rent which wasn't a good idea. So anyway, I have tried to sell it. There is a damp problem in the roof above my flat which is causing problems and ultimately I have lost three sales right at the last minute with the first loss due to no maintenance and the second two because of the damp. I have suffered periods of redundancyicon etc and so I had to have a bridging loan on the flat for trying to fix the damp and also to help with my living costs. The landlord keeps messing around and promises to fix the roof but never gets anything done.

 

Now the loan has expired and the flat has been repossessed. This flat represents everything I have worked for in 40 years, but redundancy has caused me so many problems.

 

When I bought the flat the landlord stated in writing (in the auction pack) that £11k had been spent on the roof but can only produce an invoice for £3k and the roofing agent's receptionist said there is no evidence of £11k being spent, but the roofer now refuses to discuss it. It sounds like accounting fraud etc to me but not sure how I can prove this. I didn't get a survey done as the auction pack came with a surveyor's report. (hindsight is a bummer!)

 

What I need to know is:

a) can I sue the landlord for the losses I will suffer when the flat is sold? It is worth around £110k on the open market but not with the damp, and I reckon the lenders will sell for a lot less.

b) if I am able to prove fraud or some type of fraudulent/incorrect invoicing activity or false claims by the landlord, what am I able to do to gain compensation.

 

This landlord has basically destroyed me - he knows his stuff whereas I don't really have a clue. He hates women and talks to me and my daughter as silly women - his words. I am losing the will to live, because not only do I have to pay an estate agent and exorbitant interest on the loan, I also have to pay maintenance charges and ground rent. He has not maintained the building and uses it to line his pockets.

 

But I also have a £2.5k council tax bill because the council are now charging me 150% because the flat is empty. I have been well and truly stuffed by this landlord, the council, the lender, the agents, and basically the government for messing with my job in the first place.

 

I now owe the lenders about £50k or just under and the other costs, we are looking at around £55k so I could be left owing money on the flat or getting next to nothing from the sale. I spoke to the lender, Petersbrook Securities, and they said they are obliged to sell with my interests in mind - I'm sure that's cobblers?

 

Is anyone able to offer any advice, including the costs associated with taking any action? I am desperate. I haven't done anything about this since September when it was repossessed as I've been so depressed about it all, and couldn't deal with it, but I'm having an 'up' day and don't want this freeholder to get away with this.

 

thank you

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Because of the amount involved, I would strongly suggest you seek advice from a solicitor. Your local CAB office might be able to suggest a firm which offers a free initial consultation. If you are on benefits or on a low income, you may qualify for help with any costs.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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When you were in receipt of benefits how much did you have in your bank account?

 

As far as suing the landlord he will simply say you bought it at auction so buyer beware... This is the risk of buying at auction I am afraid..

 

Also what may be of concern is the amount of savings you had whilst on benefits...

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Hi

 

Thanks for replying. I didn't have any benefits because of selling the house, so that is why I was using the capital from the sale to pay for rent etc and had to buy somewhere quickly before it dwindled away completely.

 

But because the law doesn't seem to protect people like me from con artists, I may as well have spent it on a round the world cruise! I've worked for 40 years and I'm left with nothing because of some greedy scummy little man who has lied. I will prove somehow that he misled the sellers when I bought it. It is almost like he is trying to prove his greater degree of nastiness to me. I just don't understand him at all.

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