We have had summary from Insurers Legal Department who said we may have case regarding disrepair but only for a few thousand pounds after we have paid out £22.500.00 (36 X £625.00) and then £26.000.00 for the option to purchase due by 29th October 2014 we feel the owner has took a lot of money from us and has had enough time to discuss our situation for over two years.As I have said previously the Lewes District Council do not want to go any further regarding the legal implications whether we are classed as living in a "dwelling".
I have directed you to the Governments own website so this is authority that it is.
I do not understand what you want to achieve, you want the option to purchase and that is not included, or am I missing the point?
Would the advance rent paid be classed as deposit? also with £26.000.00 paid for he option to purchase be recoverable?
What does the agreement state? Does it say option to purchase?
Yes it dose
Forgive me but what appears to be the issue now?
Can we recover the option to purchase money and is this classed as a deposit?
What does the agreement say about this?
Does it say it counts toward the purchase price or it is treated as rental?
Towards the purchase price.
Ok - so its an option to purchase and the payments go towards the price.
What is your issue at the moment then please?
It appears all is in order - you are making monthly payments towards the end price
Ok - what is it you would like to know from me today then? I am just having difficulty seeing what has gone wrong
The overall poor condition and the lack of response towards from the owner who also is the owner of the Residential Park Home Site.
Ok - Does the agreement say anything about the condition when you purchase it finally etc?
Only that under the terms we liable for all repairs.
Ok - well under the landlord and tenant Act which we know applies the Landlord is liable for insurance and repairs until you purchase it.
You can therefore claim for repair and also dilapidations before you purchase it.
The Landlord can not make you responsible because of course at the moment you are renting and may decide not to purchase at which point you would only be a tenant.
A tenant is not liable for repairs.
Does that help?
Yes thank you very much could we contact in due course regarding our predicament.
Yes - please start future questions for my attention - Alex W
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