Housing Association miss sold property -Help/Advice needed

[referee2403]

In 2008 I purchased a new build property from a local housing association on the shared ownership scheme (i bought 50%)
The property address was ** Tewit Close, so that's the street, area etc I viewed prior to purchasing.
Some time later I noticed that there was no such address, post office did not recognise the address, online forms etc never showed the address in drop down boxes etc.
I questioned this with the Housing association who then informed me the address was changed to ** Tewit Hall Gardens due to emergency vehicle access (did not sound quite right to me)
To cut a long story short it turns out that the Housing Association were notified that the address was TEWIT HALL GARDENS 12 month before I bought it.
Is this a case of miss selling? I would never have bought this property on this street. I have recently had a RICS valuation carried out and in it it states in a run down area, unlike the address it was sold as (Tewit Close) which was all new build. the Deed of Variation says Tewit Close.
When I questioned the Housing association, they replied
" I have now looked into the change of your address, and it was Calderdale Council who changed it. Apparently it was to do with your property being accessed via Tewit Hall Gardens rather than Tewit Close. Unfortunately due to an admin error the address wasn't changed by Pennine, and the property was accidently advertised and sold as Tewit Close. I am sorry about this error, and any distress it has caused you"
they then go on to add.
" We advise that blame cannot be apportioned solely to us because you also had a solicitor acting on your behalf who should have picked up on this error prior to the purchase of your property. In this respect, we have been advised that you should refer this back to your own solicitor to take this up with Land Registry".

Help and advice please......can I take this matter further?

[wales01man]

Re: Housing Association miss sold property -Help/Advice needed

When your Solicitor did his searches it must have got back details of the address if the searches are for another address as you are saying they are at fault

[Openlaw15]

Re: Housing Association miss sold property -Help/Advice needed

In 2008 I purchased a new build property from a local housing association on the shared ownership scheme (i bought 50%)
The property address was ** Tewit Close, so that's the street, area etc I viewed prior to purchasing.
Some time later I noticed that there was no such address, post office did not recognise the address, online forms etc never showed the address in drop down boxes etc.
I questioned this with the Housing association who then informed me the address was changed to ** Tewit Hall Gardens due to emergency vehicle access (did not sound quite right to me)
To cut a long story short it turns out that the Housing Association were notified that the address was TEWIT HALL GARDENS 12 month before I bought it.
Is this a case of miss selling? I would never have bought this property on this street. I have recently had a RICS valuation carried out and in it it states in a run down area, unlike the address it was sold as (Tewit Close) which was all new build. the Deed of Variation says Tewit Close.
When I questioned the Housing association, they replied
" I have now looked into the change of your address, and it was Calderdale Council who changed it. Apparently it was to do with your property being accessed via Tewit Hall Gardens rather than Tewit Close. Unfortunately due to an admin error the address wasn't changed by Pennine, and the property was accidently advertised and sold as Tewit Close. I am sorry about this error, and any distress it has caused you"
they then go on to add.
" We advise that blame cannot be apportioned solely to us because you also had a solicitor acting on your behalf who should have picked up on this error prior to the purchase of your property. In this respect, we have been advised that you should refer this back to your own solicitor to take this up with Land Registry".

Help and advice please......can I take this matter further?

The housing association has the legal interest (ie via deed) to the property. You cannot do anything such as selling without their permission, you cannot increase your share of the property interest from 50% to 75% etc without their permission. You could technically go after the housing association for misrepresentation based on contract or the lawyer based on contract. For any losses not covered by contract you could make a claim for damages in tort which is more extensive for economic loss if it were to apply, possibly.

[referee2403]

Re: Housing Association miss sold property -Help/Advice needed

The housing association has the legal interest (ie via deed) to the property. You cannot do anything such as selling without their permission, you cannot increase your share of the property interest from 50% to 75% etc without their permission. You could technically go after the housing association for misrepresentation based on contract or the lawyer based on contract. For any losses not covered by contract you could make a claim for damages in tort which is more extensive for economic loss if it were to apply, possibly.

So are you sayiing they are not liable for mis selling this property?
I have accepted an offer on my property which the association are happy with ..this is not the issue

The issue is that they knowingly sold me this property (which was a new build at the time) with the incorrect address even though they were notified by the property developers of the address 12 month prior to the sale.
they have even acknowledged part responsibility

[des8]

Re: Housing Association miss sold property -Help/Advice needed

Is there a great difference in valuation of properties in the different streets?
The Zoopla valuations show a variety of house types and valuations so it is difficult to make a comparison.

Presumably your concern is that the property is not as valuable with the correct address, and you are hoping someone somewhere is liable for your perceived loss?

[referee2403]

Re: Housing Association miss sold property -Help/Advice needed

There is at least £10000 difference, due to one been all new build houses and the other having half the street as a Council estate

[des8]

Re: Housing Association miss sold property -Help/Advice needed

When you bought he house, did you not notice that the approach road was through a social housing estate?

[referee2403]

Re: Housing Association miss sold property -Help/Advice needed

When you bought he house, did you not notice that the approach road was through a social housing estate?

it was bought off plan
the point is the HA knowingly sold the property with the wrong address

[Ripped-Off]

Re: Housing Association miss sold property -Help/Advice needed

Is this a case of miss selling?

What does the sign say at the end of your street; Tewit Close or Tewitt Hall Gardens? Do you get your post?

I cannot conceive of how a change of street name from Tewit Close to Tewitt Hall Gardens (which incidentally sounds much better) is the cause of a devaluation of the property in a RICS survey. In any event, in negligence that is pure economic loss and irrecoverable. Unless someone has picked up the house, foundations and all, and transported it to some other area considered by a surveyor to be run down, I cannot see where there is a claim.

You could technically go after the housing association for misrepresentation

Eh! How is this misrepresentation unless the house has less rooms or is not in the same area as the brochure. The house is presumably built in the same location as when you first viewed it?

For any losses not covered by contract you could make a claim for damages in tort

How exactly would he do this? Notwithstanding, pure economic loss considerations is it foreseeable that the change of street name is going to result in a drop in the value of the property?

[des8]

Re: Housing Association miss sold property -Help/Advice needed

it was bought off plan
the point is the HA knowingly sold the property with the wrong address

So you bought your house, or agreed to purchase it, prior to it being built.
But you did see a plan, which presumably showed its location and accessibility?

[referee2403]

Re: Housing Association miss sold property -Help/Advice needed

What does the sign say at the end of your street; Tewit Close or Tewitt Hall Gardens? Do you get your post?

I cannot conceive of how a change of street name from Tewit Close to Tewitt Hall Gardens (which incidentally sounds much better) is the cause of a devaluation of the property in a RICS survey. In any event, in negligence that is pure economic loss and irrecoverable. Unless someone has picked up the house, foundations and all, and transported it to some other area considered by a surveyor to be run down, I cannot see where there is a claim.



Eh! How is this misrepresentation unless the house has less rooms or is not in the same area as the brochure. The house is presumably built in the same location as when you first viewed it?



How exactly would he do this? Notwithstanding, pure economic loss considerations is it foreseeable that the change of street name is going to result in a drop in the value of the property?

There are 2 streets neXt to each other.(separated by gardens and 6 foot high solid fencing)....google earth them Halifax....
both build by the same developer....
one is a completely new build street the othe Tewit hall gardens has one side of the street council houses...

the properties on tewit close are valued at an higher price, quite simple really as they are not in the council estate street...so when i view the area there were all new build being build...no sign of any local authority properties hense why I purchased on that street

its drops because of the local authority housing been on tewit hall gardens and NOT tewit clos

Cannot believe how a simple question gets so complicated

the simple fact is I was mis sold a property...it had the wrong address that the sellers knew this 12 month before selling, to which street the access would be......therefore knowing the price of the sale would be higher on tewit close than tewit hall gardens


hope this makes it easier to understand

[referee2403]

Re: Housing Association miss sold property -Help/Advice needed

yes i saw the plan...the access to the property was Tewit close....NOT tewit hall gardens as it turned out to be

[des8]

Re: Housing Association miss sold property -Help/Advice needed

Yes, I used google earth following your first post and was trying to ascertain the chronology as I found it difficult to see how you had been confused.

It seems you heard about the house building programme.
Were told it was "Tewit Close" area and did a google search.
Arranged to purchase property (from HA) after seeing plans.
Plans were changed (due to Local Authority concerns about emergency access [not unusual])
Was the change before or after your agreement to purchase (not withstanding the plans you viewed were drawn before the change)?
If before IMO you were misled.
If changed after your agreement to purchase, what did your agreement to purchase say about plan changes?


Simple questions become complicated because the questioner only sees one side to their problem, and those trying to help have to tease the rest of the info out:tinysmile_twink_t2:

[referee2403]

Re: Housing Association miss sold property -Help/Advice needed

The HA were informed that the address would be Tewit Hall Gardens in Feb 2007.

I bought the property from the HA in Feb 2008 as Tewit Close ( 12 month after they were informed of the change) so they knowingly sold me the property with the wrong address.

I have managed to obtain the letter dated Feb 2007 from the developers to the HA stating that my property would be Tewit hall Gardens....

That clearly demonstrates they knowingly sold the property with the wrong address.

The HA when questioned about this tried to blame the council as below
" I have now looked into the change of your address, and it was Calderdale Council who changed it. Apparently it was to do with your property being accessed via Tewit Hall Gardens rather than Tewit Close. Unfortunately due to an admin error the address wasn't changed by Pennine, and the property was accidently advertised and sold as Tewit Close. I am sorry about this error, and any distress it has caused you"

I have the letter from the developer (not council) Feb 2007....

I have asked the HA for letters etc to show the council changed the address but they cannot provide this and when I spoke with the council they have no records of this happening

[Ripped-Off]

Re: Housing Association miss sold property -Help/Advice needed

Sorry des8 and also Openlaw 15 but I cannot agree.

I have had a look on Google. Some nice houses by the way.

To be misled and bring a claim in misrepresentation, then surely the street name has to be a term that it so important to the purchaser that it would induce them to purchase the property. I do not think that a street name would induce such a purchase, whereas the location, price and quality of the property would. What I am struggling with is... if the name was so important then why wait 7/8 years before raising it. If I bought a house with an integral garage and after moving in I discovered it was detached then this would be raised as an issue straight away.

I hope you succeed in your claim but I would think twice about spending money on solicitors to fight your case. If I am proven to be wrong then please come back and let me know.