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Hate my old flat and can't see me ever being able to move

17 replies

Sadandstuck · 11/03/2018 14:10

Have name changed. Feeling so depressed today.

I wish I could turn back the clock. 11 years ago I bought my first property, a ground floor 2 bedroom flat that's well over 100 years old. I'm in Scotland. I was a naive first time buyer, taken in by the cornicing, high ceilings and original fireplace. I wasn't thinking practically. I felt I was getting more flat for my money but that's not strictly true because although the ceilings are high the rooms are around the same size as other flats around here.

The problems started the night I moved in. Lots of noise from upstairs, a loud party and guys jumping around and shouting. I felt like I was living with a bunch of students above me, but they're not. It's only gotten worse over the years although there is some respite when he's not home and it's nice and peaceful.

Upstairs neighbour is a nasty, aggressive bastard who has caused lots of damage to my flat (flooding it multiple times due to negligence, pipes bursting in winter due to him not heating it properly) and threatened my dad with violence when he tried to get him to fix it. Because he owns his place too there's nothing that can be done in relation to claiming through insurance and getting him to fix things. I've asked about it before and was told they could send a letter but he could just ignore it. The neighbour did once send a "friend" over to repaper my bathroom after the first time I had water coming through but it was a crap job and the paper started peeling off. The guy looked at me like he wanted to kill me, and didn't say a word the entire time, I didn't trust him. Probably someone who owed my neighbour a favour. It was flooded again shortly after. And then multiple times after that, along with my kitchen when the idiot upstairs was disconnecting his washing machine.

The neighbour works and has money (his mortgage must be peanuts or non existent now) but he Just. Doesn't. Give. A. Shit. Another neighbour has been in his place and said the walls are covered with damp, she thought his attic was leaking or something.

There's multiple big cracks in the walls of my building, outside and in. I've just been filling them in. It's a lot of work, outside pipes are rusty and ancient paint is flaking off window ledges. I did start trying to tidy things up last year(filling in cracks and sanding off paint) but I gave up. It's a lot of work. Why oh why didn't I listen to people and buy a more modern flat? :(

The bathroom is also an eyesore. I have a shower over the bath but the bath is in the centre of the room (against the wall) so I have a round rail for the shower curtain to hang over. It's a huge pain in the arse and I always end up with water all over the floor because the curtain doesn't cover it properly. I want to get rid of the bath and get a shower cubicle put in o I can shower without feeling like I'm a backpacker in a hostel but then people say no bath is a turnoff for buyers. I hate that shower, the shower curtain clings to my body and gets mouldy easy. I don't even know if a 3 sided one is possible? All the showers I've seen have been 2 sided. But the bathroom is an awkward shape.

I fear that I'll never leave this place. There are times when I think it's not that bad, at least I have a place and I just ignore the state it's in and get on with things and try to be out as much as I can so I don't have to look at it. Other times like today I just hate living here and want to give up (my upstairs neighbour is watching a football match and him and his friend keep running and jumping about shouting when someone scores a goal, I felt like my ceiling was going to fall in. Aggressive shouting and so on. It's fucking awful.

Everyone I know lives somewhere nice. Not necessarily having a big house but somewhere homely where you can bring visitors. I can't even bring people over here now because of the massive cracks in the walls (which I filled in but they're still very prominent). I've given up trying to make it look nice, it's defeated me. I do minimum housework. It's a mess. It's embarrassing. I work, I earn a little over 20k but things are so expensive and I don't have a clue about DIY. I'm scared about subsidence but I imagine it would cost a lot to get someone to check things and I don't have much money saved, also I'm getting married in the next year or two. I've pretty much given up on trying to make it look decent because I'm so depressed here and am just crying right now. I know there's other matters that are more important - I have my health - but this is just getting me down. Although there are some things I like about it it's never really felt like home to me.

Sometimes I want to move. DP lives overseas so that's one option although I'd miss my family. I don't know what I'd do here though, I've already been turned down for remortgaging because of the cracks on the building outside. I could move to DP's country and try to rent it out but who would want it. I wonder if I could just cut my losses and sell it to one of those "buy any house" companies, just to get rid. Would a company like that take my flat? Otherwise I'll just end up staying here forever being miserable or until the bloody thing collapses around me. I also know that you're supposed to disclose any problems you've had with the property when you sell it.

Other times I think well it's an asset but I don't think I've made any money on it, if anything I'm losing money. Every now and then I phone up to find out how much I still owe on it (about £40k) and I paid way too much for it in the first place, the then owner was delighted and now I know why.

I just feel like I have no hope. This was my dream flat when I first looked around it but it's been a nightmare. Can anyone offer any advice or have any of you been in a similar situation?

Thanks.

OP posts:
LanguidLobster · 11/03/2018 14:21

Oh god, that sounds like a nightmare OP. I only ventured into property for the first time today but got distracted by your thread. Isn't he devaluing his property's worth as well?

Have you got a CAB in Scotland? Can't the local council help?

I guess it sounds like ventilation could be improved at least? If it's causing you pain it might be best to start making move on plans. Neighbour sounds like a nasty shit.

DelphiniumBlue · 11/03/2018 14:29

Oh dear, it sounds awful for you.
I know nothing about Scottish property law, but in England, the freeholder would have some responsibility for the building. Who owns the fabric of the building, who would be responsible for dealing with structural issues?
Have you taken legal advice?

Sadandstuck · 11/03/2018 14:37

Please be careful. I only looked round a few places and fell in love with this place but I was stupid. I know new properties can have problems too - a friend had to sell her place after being in it a year and it was a beautiful house but they had a lot of problems and left. But her and her husband are loaded so they had no problems moving on. No idea if she'd had issues selling the other place, maybe I should ask her but as it was a lovely 5 bedroom new build I imagine they could disguise things easier. Massive cracks are harder to hide :( Maybe I should get it wallpapered, that would hide it. When I bought it my dad did all the diy and refused to paper it, he just put plaster on and painted it. The walls are freezing even with the heating on.

Energy bills are high too as the place isn't well insulated. I was spending more on heating this place each month than my brother was spending heating a 4 bedroom detached house, with heating on constantly as he had a new baby. Sigh.

Yeah he will be but I doubt he cares. He's in his 40s but acts like a teenager. Not very smart either. Maybe he's waiting on his mother dying so he can get her house.

I've asked CAB and the council too. There's not much can be done. Had noise problems with other neighbour as well and they were eventually evicted. Quiet neighbours next door now so that's ok but because he owns his place there's not much can be done in relation to damage, although I've called the police on him about noise before.
The walls are so thin here I can hear everything. TV, people having sex, plugs going it sockets. When I'm in my bathroom I can hear every word of the upstairs neighbour's phone calls (although he does speak at a high range of decibels even when he's not angry). Might as well be in the same room.

It's depressing but I'm sitting with a cup of tea and I've calmed down. Football match is finished now and the neighbour has left. It's peaceful again. Thank God.

OP posts:
GreenTulips · 11/03/2018 14:37

Have you checked you insurance for subsidence cover? You need it to be sorted because if you can't remortgage nobody will lend on the property so you can't sell it! Existing subsidence not taken care of won't go away!

Water damage - you claim in your insurance and they claim off his - it's how it works!

Ring them every time there's damage - he has to pay up

Councils have people in place to deal with neighborly disputes over this type of thing - do you have anyone like that in Scotland

Look at Victorian shower baths they are square one end and Victorian feet on the other with 3 sides shower screens (About £400 plus fitting - saves moving the layout

LittleLeaseQuery · 11/03/2018 14:42

Hi

((Hug)) you sound like you desperately need one! The situation isn’t quite as bad as you think, so hold onto that thought ok. How much deposit did you put into it?

The neighbour sounds really horrible. Other than possibly some legal redress re the flooding, I don’t know what else you can do 😟. However, the laws about all kinds of things are different in Scotland, so there might be. If I were you I’d start by calling the council and the CAB and see what help or advice they can give you. Possibly a lawyer too. I’m not sure who you asked previously, but that bit about sending a letter he could just ignore doesn’t sound right.

I’m not sure what him owning it has to do with claiming on your insurance to get it fixed?

Why don’t you spend this afternoon having a big clean up and a bit of a declutter. Then tomorrow ring 3 Estate Agents and tell them you’re thinking of moving and need to know what your place is worth. Make appointments for them to visit & when they come ask them what they’d advise you do before putting it on the market.

Once you’ve had a good clean up this afternoon, settle down with a nice drink & have a think about where you’d like to live (area) if you could & see what’s available. See what you’d need to spend.

Once you have those things sorted you can make some decisions.

I do think you need to sell it or rent it out though, because it’s not doing your mental health any good living there. You’d be able to rent it out to a couple of blokes who either wouldn’t be bothered about the noise, or would go and tell the obnoxious git to STFU.

LittleLeaseQuery · 11/03/2018 14:44

Sorry, it took me so long to type I cross posted with you.

LittleLeaseQuery · 11/03/2018 14:47

Just because your insurance won’t remortgage doesn’t mean another mortgage company won’t lend on it. Plus there are plenty of cash buyers. Don’t worry about that right now.

Sadandstuck · 11/03/2018 14:48

Delphinium, I have no idea what fabric of the building means. I thought I'd have to speak to a structural engineer about things. I imagine the neighbour would be liable for part of any costs as he's above me but he still owes me £20 for a job I had done years ago so it's pointless asking him to pay :(

I've never spoken to a lawyer about things but I did speak to CAB and my then insurance provider about the water damage years ago. Not much can be done as he owns his flat. I had a £200 excess on water damage for my policy so it was pointless claiming.

The neighbour basically threatened to kill my dad or get one of his friends to do it when he asked about him getting something fixed. He was swearing his head off and ranting in his face, my mum was there too. I hate him. He goes all fake-nice and tried to be chatty at other times (this happened years ago) but I wish he would just fuck off and die. He's out a lot of the time which is good but he just doesn't care about other people who live here when he starts his shit.

OP posts:
specialsubject · 11/03/2018 19:35

Threatening behaviour - you need legal advice.
Being stuck will cost you a lot more than the insurance excess, and the damage must be more than that.

I don't know Scottish law but you need proper advice on dealing with this animal. Please get some ( it may cost) or nothing will change.

SilverHairedCat · 11/03/2018 19:41

Is it leasehold or freehold?

Would you consider having the place plastered to deal with the cracks, then renting it out? Moving into a rental of your own?

Can you contact the council regarding his antisocial behaviour? What the upstairs neighbours are doing noise wise is not OK.

With thr flooding etc, are you claiming on your own insurance or trying to sort it between you both?

Could your house be of interest to a landlord with lots of properties? Have you had it valued?

Mrsmadevans · 11/03/2018 20:02

Can you part ex it for a new build or last resort default on the mortgage and give them the keys back. Good luck op

Ginorchoc · 11/03/2018 20:05

The we buy any house companies only tend to offer 75% value.

specialsubject · 11/03/2018 21:57

Better than mortgage default - a real mn classic!!!!

Sadandstuck · 17/03/2018 15:46

Hi again, thanks for everyone's comments. I have thought of doing a part exchange before (my friend did it but her flat was nice). I dunno if anyone would buy this place but I did look at a really rundown flat when I was first looking to buy and I'm assuming it sold. People buy and sell old houses all the time, right?

I am feeling a little better today. I was rather hormonal at the time and in feeling sad all week anyway but just being stuck inside hearing the neighbour's noise (I'll need to make sure I'm out next time there's a match on!) and looking around me depressed me terribly. As far as the threats went it was years ago and my dad told me not to tell anyone at the time (not even my DB, he was worried about repercussions).

Does anyone know how much it costs to get subsidence looked at/dealt with? I'm assuming it's thousands?

Gino, I suspected as much. It's freehold btw (although we don't do that in Scotland afaik but there's no limit on keeping this place). I haven't had it valued but I imagine I should do some work on it first if I want to go along these lines. Plastering over the cracks inside might work? I don't know anything about DIY though, I'm rubbish at it. They should teach this stuff in school!

OP posts:
DrEustaciaBenson · 17/03/2018 16:01

Does anyone know how much it costs to get subsidence looked at/dealt with? I'm assuming it's thousands?

Check your buildings insurance (not contents insurance) to see if you're covered for subsidence. If so, contact your insurance company.

If you're not covered, you'd need to contact a surveyor. But it might be affecting the whole building, not just your flat, so you might not be able to fix it on your own.

If it is subsidence, it needs to be dealt with properly, a bit of diy won't fix it. You'd just be literally papering over the cracks.

Glasgowlassie · 17/03/2018 21:08

If you are in a tenement there should be a common building policy, any flood damage should be covered under that. Pleas contact your Factor. Your upstairs neighbour is obliged to deal with any leak coming from his property that is affecting you, there is a specific dept in the council that should deal with this if he isn't cooperating, I think it may be the environmental health team. They can force entry with police to deal with leaks if tenants/owners are out, so Im sure they can assist.

Good luck!

GreenTulips · 17/03/2018 21:14

What did your survey say when you brought it?

Can you show us the outside cracks - look at the brick levels - are they even? Any slopes?

Look at your internal doors - do they fit propertly? Try a spirit level on the door frame - are they level?

Thee things tell you if the building is subsidizing

Could be land heave or any kind of hole underneath such are waterways or coal mine so -

But you need to check the building policy and get it fixed for your own peace of mind -

Stop being a victim and start making a plan dealing with one step at a time

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