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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Shared ownership housing and boring repairs

33 replies

Boilerqueen · 22/06/2021 13:10

I've NC as this could be outing.

Genuinely would like to know if I'm being unreasonable. Sorry it's about boilers, not the most exciting of subjects.

I bought a shared ownership house in early May. I've got a mortgage on 40% and the housing association own 60%. I pay a fair rent on the 60%. When I bought the house I asked for a boiler service and was given a certificate by the seller dated the week before from a gas engineer who had apparently serviced the boiler.

Cut a long story short, the boiler is f*ed. I need either a very expensive repair (over £1000) or a new boiler. I realise this is part of home ownership. I asked the HA for a contribution and they've refused saying all repairs are my responsibility. The boiler is a fixed part of the house and won't go with me if and when I sell on.

I'm cross with the guy who sold me the house for not divulging this information and potentially giving me a 'mates' gas certificate but I know any legal fight is totally fruitless and will only end up costing me a fortune.

My biggest beef is with the HA, I'm a reasonable person but this seems very unfair to me. What do you think?

OP posts:

Lockheart · 22/06/2021 13:20

What does your contract say about repairs? There must be something somewhere.

This is partly why I refuse to touch shared ownership properties - I think they're a poisoned chalice and a bit of a con.

Fruityfriday · 22/06/2021 13:22

If you have a repairing lease with your SO contract your solicitor should have pointed out what you are responsible for.

DeathByWalkies · 22/06/2021 13:23

I have no idea about the actual rules, but if the HA own 60% and you're paying rent on 60%, then it's only fair that they pay 60% of the cost of repairs.

Original poster

Boilerqueen · 22/06/2021 13:24

My solicitor was awful. If I'd had a choice to buy in full I would have but finances didn't stretch.

I haven't checked my lease, but I will. The HA says it says I'm responsible. It's still not a reasonable clause.

OP posts:

Orf1abc · 22/06/2021 13:26

The HA are generally only concerned with the structure of the property, basically the walls, roof and windows.

I'm more surprised that you expected them to pay. It sounds like you didn't understand what you were buying.

Original poster

Boilerqueen · 22/06/2021 13:27

I don't expect them to pay in full, just contribute.

I pay rent for 60% of the house. I did understand what I was buying.

OP posts:

Fruityfriday · 22/06/2021 13:29

Did you read the lease /tenancy agreement before you signed it?

Boomboomboomboom · 22/06/2021 13:29

This is not the HAs problem.
It might not even be the last owners problem.
Get a second opinion on the boiler from the person who serviced it. If they've wrongly certified its safe you might have potential come back on them (but probably via the seller for their contractors negligence).

OneRingToRuleThemAll · 22/06/2021 13:29

Yes it's correct and it's a con.

Lockheart · 22/06/2021 13:30

@DeathByWalkies

I have no idea about the actual rules, but if the HA own 60% and you're paying rent on 60%, then it's only fair that they pay 60% of the cost of repairs.

Fair maybe, but unfortunately that's not how a lot of shared ownership contracts work (YMMV depending on the HA).

Original poster

Boilerqueen · 22/06/2021 13:30

Yes I read the lease before signing it.

Evidently it's not the HA's problem, but it should be 60% their problem.

If you rent a property the landlord is responsible, I rent 60% of the house.

OP posts:

Orf1abc · 22/06/2021 13:31

I did understand what I was buying.

Yet you're asking the HA to pay for something they're not legally obliged to.

LolaSmiles · 22/06/2021 13:31

I thought it was the norm for the owners of shared ownership to be responsible for most repairs other than major structural issues.

Whether you think it's a fair clause or not OP, it should be there in writing when you signed the deal.

HotToddyColdSauvignon · 22/06/2021 13:31

As above, they’re usually in charge of structural things like the walls.

Read your contract. Don’t expect the HA to do anything they’re not meant to “out of decency”. If it’s not in black and white they won’t do anything.

And you don’t know the seller gave you a dodgy certificate. Possibly the boiler was fine and now it’s not. That’s the way life goes.

My boiler broke 48 hours after I bought my house. Was working for 2 days then died. If it had broken 2 days before it would have been my seller’s problem, but sadly, it was now mine. Annoying, but that’s house ownership

PaperMonster · 22/06/2021 13:33

We have some shared-ownership homes on our estate and the residents are fully responsible for repairs. That’s standard. I even tried asking the HA for some support with an elderly and vulnerable resident for some repairs just after she’d been widowed and they wouldn’t help. Her house is in a right state now. I’d report the engineer who did the certificate to their registered body.

Lockheart · 22/06/2021 13:33

@Boilerqueen

Yes I read the lease before signing it.

Evidently it's not the HA's problem, but it should be 60% their problem.

If you rent a property the landlord is responsible, I rent 60% of the house.

I don't disagree with the principle, but shared ownership is very very different from regular renting.

Check your lease carefully, but I'm afraid I think you're out of luck on this one.

Original poster

Boilerqueen · 22/06/2021 13:34

@Orf1abc

I'm asking for opinions not to be judged.

OP posts:

Original poster

Boilerqueen · 22/06/2021 13:35

Thanks everyone it seems that HA's are rip off merchants unfortunately.

I'll buy the new boiler and suck it up.

OP posts:

milkjetmum · 22/06/2021 13:42

Yes repairs are yours to bear unfortunately but HA does cover the buildings insurance where I am. I feel your pain as I am awaiting a leak inspection after a notice from our water company and will have to pay for repairs arising from that if it shows anything...

Orf1abc · 22/06/2021 13:43

Make sure you get three quotes for the new boiler. Don't use British Gas.

If you're on a low income, check if you're eligible for the boiler assistance scheme (used to be called Warm Homes?).

LolaSmiles · 22/06/2021 13:49

Thanks everyone it seems that HA's are rip off merchants unfortunately
Not really. They're offering a product (shared ownership) that allows people who either couldn't afford to buy an opportunity to buy, or people to buy a home that's perhaps bigger than they could afford if they we to buy alone.

They're not rip off merchants if someone doesn't pay attention to what they're buying.

lovelybitofsquirrell · 22/06/2021 13:57

Its not the HA responsibility at all. their lease's are usually very clear that they have no responsibility over repairs.

your issue needs to be take up with your solicitor, and the sellers if you think you have a duff certificate.

Spidey66 · 22/06/2021 14:00

We bought via SO. This is definitely your responsibility, though I understand where you’re coming from.

pippapoo62 · 22/06/2021 14:14

Unfortunately all repairs to the house is your problem to sort, we bought into a 25 % mortgage years ago with 75 % through the housing association,everything to do with the house was down to us ,they didn't want to know, looked at buying more of the share but we would have also been responsible for both fees.

KingdomScrolls · 22/06/2021 14:15

I bought via shared ownership initially, it's made very clear what you are responsible for and if you signed things you didn't read that's not their fault. You are in a better position than other owners, we now own a house not SO and the roof developed a leak soon after we moved in, not picked up on survey, our responsibility, your HA would sort that for you. Ownership comes with responsibility unfortunately. It's why some people choose to rent long term.

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