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Taken over a property with a tenant in situ

Started by Carl, January 06, 2023, 09:27:57 PM

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Carl

Hello all,

I have recently purchased a property with a sitting tenant.

Just introduced myself to the tenant and there are a number of outstanding problems with the property that had been raised with the old landlord (which is a property management company) that i had not been made aware of.

These are relatively minor, but the tenant emailed the LL  the issues before the sale was completed. I now have  a copy of the email the tenant sent with the date before completion.

Have I got any comeback with the old LL or my solicitor or any legal recourse or is the obligation (and cost) to fix the issues now totally mine.

Any advice or suggestions very welcome.

Thanks,

HandyMan

QuoteHave I got any comeback with the old LL

You are kidding?

Caveat emptor.

You have said that the issues are relatively minor. It is quite possible that the previous LL took the view that the tenant was just having a moan and that, had they not sold the property, they would not have addressed the complaints.

You don't have to do everything that a tenant asks you to. You should try to take a balanced view on whether it is necessary/sensible/cost effective/morally right for you to address them.

Carl

I would have thought that if there were issues raised by a tenant in writing prior to the sale completing these should have been disclosed. I could not easily have picked up some of these points.  Dishwasher leaking, front door won't lock properly, oven hob not working. Lights trip out circuit board. I was not allowed to inspect the property prior to purchase, but had a survey which did not pick these things up. 

Suppose I may have been naive but expected these legally should have been disclosed if they had been reported, but if I have no recourse fair enough but was just seeking a view.

Riptide

Unfortunately there's no obligation to bring houses up to perfect working order prior to sale.

Did you get all the relevant tenancy agreements and deposit information from the previous LL?

Carl


Carl

It's not the perfect condition it's just a known written complaint that I think I should have been made aware of and assumed should have been told about. A learning for me I guess.

Riptide

Hope it works out, they all sound fairly minor, apart from the lights tripping.  Is there an electrical safety certificate? Is it recent?

HandyMan

Quote from: Carl on January 06, 2023, 11:46:04 PM
it's just a known written complaint that I think I should have been made aware of and assumed should have been told about. A learning for me I guess.

If you had asked explicitly (via your solicitor) "Has the tenant raised any maintenance issues or made any complaints that have not been resolved?" and the other side lied by saying no, then you might have some grounds for seeking compensation - but it would still be difficult to pursue.

Hindsight. Live & learn etc.

QuoteI was not allowed to inspect the property prior to purchase

Why not?

I would have insisted on visiting the property, with the tenant's permission.

Hippogriff

This stinks a little bit, truly.

If a purchaser is explicitly not allowed to inspect a property prior to purchase, and the vendor knows for sure (and it's documented) there are issues that might need rectification, you would think there should be some recourse. After all, this is a well-established legal / conveyancing system and it's supposed to be fair. Now... forget the fact that no-one should be running around buying properties without inspecting them (slap on the wrists there), I would think that a letter from either yourself or a paid 30-minutes from a legal firm might be worth a punt - to the old Landlord.

You never know what might happen.

Rather than get into a to-and-fro, listing factual items and suggesting some limited form of compensation could meet with rewards. I think it might be worth the effort.

I once bought some properties from a small Development outfit, as had other people too, so we were all Directors in this Management Company and we had some serious roof leaking issues. I took it upon myself - as a Director - to engage with the Development outfit's Directors and we thrashed it out so the residents were shunted £3,000 to basically shut up and close it off once and for all... I recall their last email on this... "Payment of the above amount will be full and final settlement of all claims arising from the your ownership of X as against Y or its officers, employees or agents."

Their starting point wasn't this, obviously. Their starting point was: "What? No way. This is finished. Get lost." - tenacity in the face of unfairness can get you places you don't expect. Through the process I never once touched on legal routes - but the fairness of it all. I inspected the houses, and roofs, but I never knew enough to know it wasn't a good roof repair / installation they'd done - even though they showed me a £14,000 invoice from a Roofing Company in Wakefield.

I put my share towards a 18m spider lift, which I still have today... I call him Simon. I have fixed all the leaking myself - over a number of years. Well, almost. Fingers-crossed.

I am not aware of any formal route you could go with this... it's not like it's a NHBC 10-year (worthless) warranty, is it? But an hour of effort to start the ball rolling could be enough for the old Landlord (even if a Company) to decide - let's shunt some £s at this before it goes any further.

However... whatever the possible costs might be to you in this... you have just, maybe, paid for an expensive training course and it's unlikely you'll make the same mistake again. So try PMA.

Carl

Thanks for the advice and yes I do have the electrical safety certificate dated Nov22. Is it worth contacting the electrical contractor. 
I will send a letter to the property management company - nothing to loose. At least with the tenant in situ I have been getting rent from the day of the purchase rather than having a void period. Should over any costs all being well.

HandyMan

Quote from: Hippogriff on January 07, 2023, 10:46:18 AM
So try PMA.

Mmmm PMA.

para-Methoxyamphetamine (PMA) is a designer drug of the amphetamine class with serotonergic effects. Unlike other similar drugs of this family, PMA does not produce stimulant, euphoriant, or entactogen effects, and behaves more like an antidepressant in comparison, though it does have some psychedelic properties.

If that doesn't work, then try Positive Mental Attitude.

Hippogriff

Quote from: HandyMan on January 07, 2023, 11:19:20 AMIf that doesn't work, then try Positive Mental Attitude.

What good is that gonna be?

Hippogriff

Quote from: Carl on January 07, 2023, 11:13:22 AMI will send a letter to the property management company - nothing to loose.

Even better if writing [long, detailed] letters of dissatisfaction are a personal hobby.

HandyMan

Quote from: Carl on January 06, 2023, 11:20:13 PM
Oven hob not working

Lights trip out circuit board.

I do have the electrical safety certificate dated Nov22. Is it worth contacting the electrical contractor.

An EICR is not an exhaustive test on all socket outlets, lights, switches, and appliances.

The contractor doing the test checks the insulation resistance of each circuit as measured at the Consumer Unit, checks earth continuity, etc, and then does a check of the wiring in a sample of sockets and switches.

A non-operating hob does not fall within the scope of the EICR, unless it is also causing a safety problem; e.g insulation resistance, earth (residual current) leakage.

What is it about the hob that is not working? The whole appliance has failed or just one ring? If it's the whole appliance, how has the tenant been cooking? You need more information.


Regarding the "lights tripping out circuit board."  Do you mean that when one of the lights is switched on, the circuit breaker trips? If so, this could be as simple as a bulb that has failed short-circuit (especially if it's an old style incandescent bulb). Assuming it is just one light, I'd start by taking out all the bulbs and seeing whether the circuit breaker trips when the light is switched on. Again, you need more information.