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Hi Guys,
Hope to get some much needed advice with my current situation,
Words can't describe how much stress and anxiety this is causing me as I feel i am being cheated,
I am in contact with the local MP as i'm failing to get real answers from the council legal team, they are ignoring my questions and ignoring me in general.
The council recently replied to my Local MP with utter complete lies, Either someone within the legal team has been misinformed, I don't know if it's some sort of corruption( yes it does exist ) or unfair bias.
I will post everything in detail below.
I have applied to buy my RTB to buy maisonette, I am the upstairs tenant. This issue is with the side gate/side pathway. As mentioned in a previous post, Surveyor came round to visit property to draw up plans, we received plans which showed Side gate/pathway is part of my property.
It is the only access to my garden whereas downstairs has its own back garden door.
when presented to me ( lease plans ) when i had my solicitors appointment, i signed all relevant paperwork and confirmed all is ok to proceed with view to completion.
I notified my downstairs neighbour of fencing i wish to erect and notified him i will be changing keys to side gate as it's part of my property.
Neighbour complained as he thinks the side should be shared or i think it's what he had been told when moving in.
Meanwhile solicitor constant chasing to council legal team with a view to completion as everything was ready.
6 weeks later we receive email from council as there are changing lease plans as this side accessway is shared, and they are in process of producing new plans.
Below is the council response to my local MP
I am sorry for the difficulties experienced by your constituent during his Right to Buy process. It was identified by Mr *** and his Solicitors that the plans did not appear to correctly show the layout of the garden and side accessway. The matter was referred to the Surveyor who had undertaken the initial valuation visit for him to review. Unfortunately, it did require him to re-attend the property as discussions had been raised by Mr *** and his neighbour as to the rights of access over the side walkway, and some clarification was needed.
After the visit and discussion with Mr *** and his neighbour, it was agreed that the side pathway would be shown as a shared path. This then required new plans to be drawn to reflect this.
I have now sent these new plans to Mr **, Mr *** Solicitor, in readiness of setting the matter for completion
This is my response to local MP in regard to above^
I am absolutely in disbelief and saddened with **** Response as none of it is true.
Reading her response is causing me great anger and frustration, not to mention the stress at home.
It is making me wonder what sort of connections the downstairs council tenant has within the council. I will explain in great detail with email proof as attachments.
***** mentioned "It was identified by **** and his Solicitors that the plans did not appear to correctly show the layout of the garden and side accessway"
At no point did we raise an issue with the original plans, As I had already signed them in witness at my solicitor's office, included email confirmation where I tell my solicitor I am satisfied with lease plans, please proceed. which he would confirm this. Please kindly ask *** to provide proof of me having an issue with the original plans.
This Issue was only raised when the downstairs council tenant made a complaint.
**** also mentioned "After the visit and discussion with *****and his neighbour, it was agreed that the side pathway would be shown as a shared path. This then required new plans to be drawn to reflect this."
This is false, As If I had agreed, I would not have contacted you, or made a complaint. I do NOT AGREE to New plans.
Not at any point I was approached by the surveyor ****** for a 2nd visit of the property Or anybody for the matter of fact.
If he did indeed attend the property Considering I am the buyer I should have been made aware, they have my phone number.
Similar to the first time he came over to draw up plans, we left an appointment for this.
Why did he not call to arrange an appointment for a 2nd Visit?
Also, NOT at any point I agreed for the side path to be shared. As mentioned, It is my ONLY access to my garden, due to privacy reasons I do not want the Side Gate shared, It is my understanding the council Respect the privacy of its tenants.
They came to the conclusion to change plans once the downstairs council tenant called the council to complain.
I will explain below exactly what happened, with all email proof attached in this email. I will also attach the Original Lease plans sent to my solicitor which clearly show signed by both Me, ******j and My wife.
Sometime towards the end of march, I believe it was the 23rd or 25th of March 2021 ( Don't quote me on this ) ***** attended My property to draw up plans on his blank piece of paper. I quote I was told "This is important as the Legal Team create the lease plans for your property based on his drawing" He Explained to me, The side gate all the way up to your back half of the garden is part of your property. This reflected on the Original plans I received.
Apologies if any of this is me repeating myself.
23.06.2021 16.42pm I received an email from my Solicitors and was asked to arrange an appointment to sign all necessary paperwork.
01.07.2021 I attended the appointment with My wife ****** to sign all paperwork and lease plans with a view for completion. I was asked to drop an email to confirm I was happy with paperwork and please proceed I sent this at 11.42am on the same day. I have attached proof.
Weekend 3/4 July I present Lease plans ( the originals ) showing boundaries to my downstairs neighbour explaining to him of the fencing I wish to erect as per plans and explaining to him I shall be changing keys to Side gate as its part of my property. He did not get back to me.
Monday 05.07.2021 @ 11.39am I received through email from my solicitor the following documents, in which he also said in the email " Please confirm that you are now satisfied with the lease plans so that I can then send all the necessary documents to the Council with a view to seeking a completion date."
I responded " I am satisfied with Lease plans Please proceed with completion. I have attached this as proof.
Monday 05.07.2021 I Receive a call from the Housing officer late in the evening regarding a complaint the downstairs neighbour made regarding the access to the side gate and boundaries- She told me you can't change keys to side gate as it's communal. In which i responded according to the Lease plans I have received; It is NOT the case. not to mention the fact she was rude over the phone to begin with and she should not jump to conclusions. We left an appointment for Thursday 08.07.21 If I'm not mistaken, for her to attend property.
Throughout the days between 05.07.2021 and 07.07.2021 I wrote numerous emails to different departments from the Council , due to the fact I wanted written evidence in making them aware of what is happening. I had received Plans in question, made the neighbour aware of fencing i wish to erect and the unprofessional way of the housing officer when she called me. I have attached proof .
08.07.2021 she the Housing officer attended property, Had a look at side access, took a few photos and videos, mentioned " in my opinion i think the side gate should be shared" I argued the neighbour has a means of access to his Garden, whereas the only access for me is the Side gate. I noticed she came back to visit the downstairs neighbour 1 hour later, in which they had to go down the road to discuss, She spent 5-10mins with me, but at least 45minutes with the downstairs neighbour down the end of the road. To me that doesn't sit right!
23.07.2021 @ 15.58 pm My solicitor sends an email to ***** Which says Below with PROOF ATTACHED
"I attach the letter which I sent to you on the 5th July with enclosures.
Please confirm that you have received the letter and please let me have a completion date and a completion statement as soon as possible."
28.07.2021 @ 16.14 pm My solicitor Writes to ****** Again as no reply. PROOF ATTACHED.
"I note that I have not had a response from you to the e-mail that I sent to you on 23 July and which is attached.
My clients are getting concerned and would like to know when you will arrange a completion date for the above matter"
04.08.2021 @ 16.39pm ***** Responds to my Solicitor with the following PROOF ATTACHED.
"
Hi ***j,
Sorry I couldn’t get back to you earlier.
There have been several issues relating to the side access. We are having to issue new plans as the original ones are incorrect as this side access is shared with the downstairs flat. New plans have been requested and these will be forwarded to you asap, unfortunately Janet who issues the plans has been on annual leave for a couple of weeks and only works part-time."
PLEASE NOTE : this is the only correspondence we have received from council legal team. ^
06.08.2021 I wrote to Tina Replying To the above Email ^ with proof attached.
Good Morning ****
"I had correspondence from***regarding issuing new plans as the original plans are incorrect ( the side gate is now shared )
Of corse at the end of the day I respect the council's decision as you're the landlord and you can decide the Plans as you wish however
I feel like I deserve an explanation as to why the original plans were incorrect ?
Considering number 16 & 16a Marlborough road - have the same plans as the originals which were shown to me.
Not to mention also 9/10 similar maisonettes in **** have the same layout as per the original plans.
As mentioned above I feel like I deserve an explanation as I have been a respectful council tenant, paying my rent on time etc
I find it confusing on my behalf as soon as he complained the plans were suddenly incorrect.
Please note- My mortgage offer expires on the 30th September so if you could please try to aim complete purchase before that."
If Me and my solicitor identified an issue with the Original lease plans as mentioned by ****, I would not have signed the lease plans. I would have not replied to my solicitor with me confirming all is ok, please proceed with completion. I have attached all proof of this. Numerous Email by my solicitor chasing ***** with a view for completion.
The only correspondence we got from her was that the plans were being Changed as the original are now incorrect, we never asked for this.
The goal posts have been moved from the point of the downstairs neighbour complaining to the council in that he wants access to side gate.
I have Original Lease plans of my neighbour ******** adjecent to me that Show the originals given to me are correct as they correspond.
The Stress, frustration and friction this is causing me at home is unexplainable.
I am willing to take this all the way and fight in what's mine
If needed I will be taking legal action as I 100% know I am in the right
That was my response ^
So, Basically goal posts have been moved from the point downstairs tenant complained, no clear explanation, they went ahead issued new plans.
To top it off, they have completely lied when asked for an explanation as to why plans were changed by my MP.
I would rather if they told me the truth, as in we are issuing new plans to accommodate and keep happy our 'disabled' tenant.
Why would I be complaining if i had an issue with the original plans?
It has gotten to the point where i will fight this to the end and potentially go to court as it is not right.
Any advice would be appreciated, have an appointment next week with a civil litigation solicitor
I have attached original plans and New plans
Thank you
Hope to get some much needed advice with my current situation,
Words can't describe how much stress and anxiety this is causing me as I feel i am being cheated,
I am in contact with the local MP as i'm failing to get real answers from the council legal team, they are ignoring my questions and ignoring me in general.
The council recently replied to my Local MP with utter complete lies, Either someone within the legal team has been misinformed, I don't know if it's some sort of corruption( yes it does exist ) or unfair bias.
I will post everything in detail below.
I have applied to buy my RTB to buy maisonette, I am the upstairs tenant. This issue is with the side gate/side pathway. As mentioned in a previous post, Surveyor came round to visit property to draw up plans, we received plans which showed Side gate/pathway is part of my property.
It is the only access to my garden whereas downstairs has its own back garden door.
when presented to me ( lease plans ) when i had my solicitors appointment, i signed all relevant paperwork and confirmed all is ok to proceed with view to completion.
I notified my downstairs neighbour of fencing i wish to erect and notified him i will be changing keys to side gate as it's part of my property.
Neighbour complained as he thinks the side should be shared or i think it's what he had been told when moving in.
Meanwhile solicitor constant chasing to council legal team with a view to completion as everything was ready.
6 weeks later we receive email from council as there are changing lease plans as this side accessway is shared, and they are in process of producing new plans.
Below is the council response to my local MP
I am sorry for the difficulties experienced by your constituent during his Right to Buy process. It was identified by Mr *** and his Solicitors that the plans did not appear to correctly show the layout of the garden and side accessway. The matter was referred to the Surveyor who had undertaken the initial valuation visit for him to review. Unfortunately, it did require him to re-attend the property as discussions had been raised by Mr *** and his neighbour as to the rights of access over the side walkway, and some clarification was needed.
After the visit and discussion with Mr *** and his neighbour, it was agreed that the side pathway would be shown as a shared path. This then required new plans to be drawn to reflect this.
I have now sent these new plans to Mr **, Mr *** Solicitor, in readiness of setting the matter for completion
This is my response to local MP in regard to above^
I am absolutely in disbelief and saddened with **** Response as none of it is true.
Reading her response is causing me great anger and frustration, not to mention the stress at home.
It is making me wonder what sort of connections the downstairs council tenant has within the council. I will explain in great detail with email proof as attachments.
***** mentioned "It was identified by **** and his Solicitors that the plans did not appear to correctly show the layout of the garden and side accessway"
At no point did we raise an issue with the original plans, As I had already signed them in witness at my solicitor's office, included email confirmation where I tell my solicitor I am satisfied with lease plans, please proceed. which he would confirm this. Please kindly ask *** to provide proof of me having an issue with the original plans.
This Issue was only raised when the downstairs council tenant made a complaint.
**** also mentioned "After the visit and discussion with *****and his neighbour, it was agreed that the side pathway would be shown as a shared path. This then required new plans to be drawn to reflect this."
This is false, As If I had agreed, I would not have contacted you, or made a complaint. I do NOT AGREE to New plans.
Not at any point I was approached by the surveyor ****** for a 2nd visit of the property Or anybody for the matter of fact.
If he did indeed attend the property Considering I am the buyer I should have been made aware, they have my phone number.
Similar to the first time he came over to draw up plans, we left an appointment for this.
Why did he not call to arrange an appointment for a 2nd Visit?
Also, NOT at any point I agreed for the side path to be shared. As mentioned, It is my ONLY access to my garden, due to privacy reasons I do not want the Side Gate shared, It is my understanding the council Respect the privacy of its tenants.
They came to the conclusion to change plans once the downstairs council tenant called the council to complain.
I will explain below exactly what happened, with all email proof attached in this email. I will also attach the Original Lease plans sent to my solicitor which clearly show signed by both Me, ******j and My wife.
Sometime towards the end of march, I believe it was the 23rd or 25th of March 2021 ( Don't quote me on this ) ***** attended My property to draw up plans on his blank piece of paper. I quote I was told "This is important as the Legal Team create the lease plans for your property based on his drawing" He Explained to me, The side gate all the way up to your back half of the garden is part of your property. This reflected on the Original plans I received.
Apologies if any of this is me repeating myself.
23.06.2021 16.42pm I received an email from my Solicitors and was asked to arrange an appointment to sign all necessary paperwork.
01.07.2021 I attended the appointment with My wife ****** to sign all paperwork and lease plans with a view for completion. I was asked to drop an email to confirm I was happy with paperwork and please proceed I sent this at 11.42am on the same day. I have attached proof.
Weekend 3/4 July I present Lease plans ( the originals ) showing boundaries to my downstairs neighbour explaining to him of the fencing I wish to erect as per plans and explaining to him I shall be changing keys to Side gate as its part of my property. He did not get back to me.
Monday 05.07.2021 @ 11.39am I received through email from my solicitor the following documents, in which he also said in the email " Please confirm that you are now satisfied with the lease plans so that I can then send all the necessary documents to the Council with a view to seeking a completion date."
I responded " I am satisfied with Lease plans Please proceed with completion. I have attached this as proof.
- A copy of the Lease which contains the lease plans.
- The Local Authority search result.
- The Drainage search result.
- The Environmental search result.
Monday 05.07.2021 I Receive a call from the Housing officer late in the evening regarding a complaint the downstairs neighbour made regarding the access to the side gate and boundaries- She told me you can't change keys to side gate as it's communal. In which i responded according to the Lease plans I have received; It is NOT the case. not to mention the fact she was rude over the phone to begin with and she should not jump to conclusions. We left an appointment for Thursday 08.07.21 If I'm not mistaken, for her to attend property.
Throughout the days between 05.07.2021 and 07.07.2021 I wrote numerous emails to different departments from the Council , due to the fact I wanted written evidence in making them aware of what is happening. I had received Plans in question, made the neighbour aware of fencing i wish to erect and the unprofessional way of the housing officer when she called me. I have attached proof .
08.07.2021 she the Housing officer attended property, Had a look at side access, took a few photos and videos, mentioned " in my opinion i think the side gate should be shared" I argued the neighbour has a means of access to his Garden, whereas the only access for me is the Side gate. I noticed she came back to visit the downstairs neighbour 1 hour later, in which they had to go down the road to discuss, She spent 5-10mins with me, but at least 45minutes with the downstairs neighbour down the end of the road. To me that doesn't sit right!
23.07.2021 @ 15.58 pm My solicitor sends an email to ***** Which says Below with PROOF ATTACHED
"I attach the letter which I sent to you on the 5th July with enclosures.
Please confirm that you have received the letter and please let me have a completion date and a completion statement as soon as possible."
28.07.2021 @ 16.14 pm My solicitor Writes to ****** Again as no reply. PROOF ATTACHED.
"I note that I have not had a response from you to the e-mail that I sent to you on 23 July and which is attached.
My clients are getting concerned and would like to know when you will arrange a completion date for the above matter"
04.08.2021 @ 16.39pm ***** Responds to my Solicitor with the following PROOF ATTACHED.
"
Hi ***j,
Sorry I couldn’t get back to you earlier.
There have been several issues relating to the side access. We are having to issue new plans as the original ones are incorrect as this side access is shared with the downstairs flat. New plans have been requested and these will be forwarded to you asap, unfortunately Janet who issues the plans has been on annual leave for a couple of weeks and only works part-time."
PLEASE NOTE : this is the only correspondence we have received from council legal team. ^
06.08.2021 I wrote to Tina Replying To the above Email ^ with proof attached.
Good Morning ****
"I had correspondence from***regarding issuing new plans as the original plans are incorrect ( the side gate is now shared )
Of corse at the end of the day I respect the council's decision as you're the landlord and you can decide the Plans as you wish however
I feel like I deserve an explanation as to why the original plans were incorrect ?
Considering number 16 & 16a Marlborough road - have the same plans as the originals which were shown to me.
Not to mention also 9/10 similar maisonettes in **** have the same layout as per the original plans.
As mentioned above I feel like I deserve an explanation as I have been a respectful council tenant, paying my rent on time etc
I find it confusing on my behalf as soon as he complained the plans were suddenly incorrect.
Please note- My mortgage offer expires on the 30th September so if you could please try to aim complete purchase before that."
If Me and my solicitor identified an issue with the Original lease plans as mentioned by ****, I would not have signed the lease plans. I would have not replied to my solicitor with me confirming all is ok, please proceed with completion. I have attached all proof of this. Numerous Email by my solicitor chasing ***** with a view for completion.
The only correspondence we got from her was that the plans were being Changed as the original are now incorrect, we never asked for this.
The goal posts have been moved from the point of the downstairs neighbour complaining to the council in that he wants access to side gate.
I have Original Lease plans of my neighbour ******** adjecent to me that Show the originals given to me are correct as they correspond.
The Stress, frustration and friction this is causing me at home is unexplainable.
I am willing to take this all the way and fight in what's mine
If needed I will be taking legal action as I 100% know I am in the right
That was my response ^
So, Basically goal posts have been moved from the point downstairs tenant complained, no clear explanation, they went ahead issued new plans.
To top it off, they have completely lied when asked for an explanation as to why plans were changed by my MP.
I would rather if they told me the truth, as in we are issuing new plans to accommodate and keep happy our 'disabled' tenant.
Why would I be complaining if i had an issue with the original plans?
It has gotten to the point where i will fight this to the end and potentially go to court as it is not right.
Any advice would be appreciated, have an appointment next week with a civil litigation solicitor
I have attached original plans and New plans
Thank you
