Posted 28 December 2023

Pre existing repairs on Right to buy

I don't know if anyone can offer any advice.
I put in for right to buy on my flat,have had the council survey and got the price.
Have got to end of feb to accept.
My question is.
Are the council still liable for any pre existing repairs reported.
ie Asbestos(kitchen/bathroom ceiling and in water boiler cupboard) couldn't have a water shower pump fitted due to this.
Asbestos issue has been reported so many times over a 3 year period and is either cancelled,not logged or changed contractors,no Emails.call back or voice message.
When reported say they will get back to me in 10 days and nothing happens.
Just had a job cancelled from council repairs on missing window handles,again reported several times.
What are rights if any.
A
Will i have to pay for Asbestos to be removed myself?
This buying a home is all new to me as buying late in life credit to my son.
Thankyou for any advice that can be given :-)
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  1. harrythefish's avatar
    The law on leasehold properties means that the structure of the building, it's windows and external and internal doors, and even fixed internal fittings like bathroom suites and fitted kitchens are the property and responsibility of the lessor, not the flat owner. I know this from the leases on buy to lets I've been involved with and from phone calls with a well known insurance company that offers 'landlord insurance'. This is why you cannot buy insurance that covers fixed fittings within a leased flat, you (or your tenant) can only buy contents insurance that covers moveable items that you've placed in the flat. Put detailed questions to a 'landlord insurer' if you don't believe this. You can imagine the issues if there's fire or flood and you're relying on the lessor to manage the insurance claim.

    In reality owners will do their own repairs, replacements and upgrades of internal fixtures but this legal quandary that the govt has done/is doing nothing to address or clarify piles another complication on flat owners.

    In the case of the above mentioned asbestos removal, the council will likely one day do a mass project on its removal that covers both tenants and owners. Owners will be charged a pro rata share of the cost. If you don't believe this, research such projects that councils have previously done to cover their lessor responsibilities. I'm even wondering if there were Freedom of Information requests on this due to the high stakes.

    Which brings me to the potential future cost of buying a council flat: Councils often decide to do a truly major renovation on their properties e.g. new roof, new windows, damp mitigation, insulation, beautifying. It often involves upgrading the overall spec. The pro rata cost is charged to any owners. In some such cases owners were charged say, 30%-40% of the actual price they'd paid for the flat for these communal upgrades - instances made the national press.

    So long as you factor in facing such costs there could be benefits: Councils usually get work done to a high standard and have the clout to get bad workmanship sorted.

    All the above said, if you're offered a £400k market value flat by the council for £100k (can happen within the M25) then it could still be worth it. Just remove rose tinted spectacles before proceeding.
  2. mutley1's avatar
    when you buy the property, you take on all liability from the purchase date.
  3. moneysaver80's avatar
    Asbestos can be a big problem. Careful consideration required. I'd get a quote for the job yourself and factor that into the offer price.
    DanCar2's avatar
    Author
    Thankyou for reply.
    It does say on the notification of structual defects Asbestos throughout known to the council.
    So trying to find out if i buy am i liable for cost of removal or the council are as it was a pre existing repair reported several times.
  4. bigwheels's avatar
    Forget all that, have you seen all the changes coming in re leases, marriage values etc.
    I would not purchase a property with a lease let alone Asbestos.
    All issues need to be fixed before purchase or the amount to remove and repair needs to be deducted fromsale price.

    That is a nail in the coffin.
    When I looked into buying our flat, the deal was x discount etc.
    A fixed amount for repairs for 5 years declared upfront.
    I think it was 7.5k for repairs to property and grounds etc.
    This amount or what was left each year could rise by cpi each year I think it was.
    New leases are 990 years.
    homehold.org/sta…rm/
    DanCar2's avatar
    Author
    Have got a breakdown on( possible) works over next 5 years,highest being window replacement at 5k.
    I live in a hi rise,1 bed ground floor with huge balcony.
    Only plan to keep it for 5 years then i will move out of London.
    I am 55 now and is my last chance to own a property.
    Council have offered it at £92.000.
    Son is giving me money and i will pay him back over time
  5. Toon_army's avatar
    I had a right to buy in and my gate what links to next door, the hinge snapped and was told because I had a right to buy in they wouldn't do any repairs no biggy as a new hinge was less than a tenna, but for anybody having their paper work in the council might deny any work
    DanCar2's avatar
    Author
    There are other reported jobs,but not major as i can fix these myself.
    My main issue is the reported asbestos if i am liable or the council?
  6. aLV426's avatar
    "I don't know if anyone can offer any advice." - haha, welcome to the internet, anyone can answer, whether or not it's good advice is up to you!
    I'm fairly certain that once you purchase the property any and all repairs will be your responsibility to be resolved at your cost. I would doubt you would be able to convince the council to honour any pending or pre-existing faults once you are the property owner...
    Asbestos removal is something I would recommend you have someone else do (and preferably have someone else pay for!) Doing it yourself may actually be against local regs and if done incorrectly will put your health at risk - By attempting to remove asbestos in the UK without being educated on the best practices of handling the material, you are more likely to allow the dangerous asbestos fibres to release into the air. This not only puts you at serious risk of inhaling these extremely hazardous fibres, but it also endangers anyone who passes through the area for the foreseeable future.
    It sounds like the other issues could be simple DIY remedies and would make for a very good purchase once you have the asbestos issue sorted (and of course the structural assessment passes!)
    DanCar2's avatar
    Author
    I was going to get asbestos removed by a specialist anyway if i was liable for the cost.
    Asbestos removal is a job i would never do myself.
    You said in brackets preferably have someone else pay for it???.
    Thankyou for your reply.
    I am just trying to get some idea on where i stand,if i have to pay then so be it.
  7. DanCar2's avatar
    Author
    Thank you to everyone who has replied
  8. marboy's avatar
    I agree with . If the market value of the flat can offset the cost of asbestos removal then that might be easier to Swallow.

    For what it's worth, I did asbestos surveys many years ago and it's still everywhere. Left undisturbed, asbestos is not hazardous; it's when it's cut or drilled etc.

    The (presumably) cement board is more obvious, but unless the council did a full survey you can find asbestos in old vinyl floor tiles, artex ceilings, sink pads etc.
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