Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Is the surveyor legally allowed to do this?

7 replies

dontquotem3 · 12/08/2011 11:02

Situation is that I live in a housing association property and they contracted a surveyor to carry out surveys on a number of properties, (including the one I live in), with a view to 'bring them up to standard'. Whilst the surveyor carried out his work, he verbally informed me of some issues regarding the property that could do well to be dealt with.This was before the budget cuts and since then the association have deemed that there are no funds to carry out any work.
I have since contacted the surveyor to enquire whether I could be sent a copy of the survey he carried out. He asked the association if he was allowed to do this, who in turned called me asking why I wanted a copy and then informed me that this could not happen because they are a private entity and my landlord and so not obliged to share that information.

My question is would he be allowed to verbally discuss with me any issues raised in his survey since he did so when the survey was initially carried out?

Sorry if long and convoluted but would appreciate any answers.
Thanks in advance.

OP posts:
titchy · 12/08/2011 11:07

I doubt it - he's working for the HA not you. They own the property, you don't! You coudl always employ him yourself....

EdithWeston · 12/08/2011 11:11

I doubt it - he probably shouldn't have done it in the first place (unless he was stating the bleedin' obvious).

And an oral account of the recollection of someone who a while ago surveyed a number of similar properties in a short space of time probably isn't going to be the best basis for anything at all.

dontquotem3 · 12/08/2011 11:24

Thank you for your replies.

I realise I don't! own the property.

I have asked his office and the lady told me that it would be a decision that he would make a call on but he's on annual leave at the moment.

Some of the issues are not so obvious, but are unlikely to be sorted as I kind of have no ammo IYSWIM.

Thanks again.

OP posts:
dontquotem3 · 12/08/2011 11:26

yy Edith re: recollection report would have been very handy.

OP posts:
EdithWeston · 12/08/2011 11:43

If he is not allowed to give you the report by HA, he will also not be allowed to read it down the phone to you or use it in any way to assist his recollection.

You will not be able to rely on his word in any way - he might not even remember which property he saw which problem in.

If you need "ammo", you'd be far, far better positioned if you commissioned your own report.

Thistledew · 12/08/2011 12:06

It depends how bad things are. If the work that needs doing is to something that is hazardous (eg faulty wiring, or severe mould), or is a deterioration of the fabric of the building that is causing you actual loss of amenity (eg severe damp, infestation of vermin, heating not working) then you could bring an action for disrepair.

If you did so, the HA would be obliged to disclose the surveyors report.

Speak to your CAB or local branch of Shelter (but hurry, because the government is proposing to take away legal aid for this sort of work).

dontquotem3 · 12/08/2011 12:11

Thank you all. My position is a lot clearer now, appreciate itSmile

OP posts:
New posts on this thread. Refresh page