Developer building penthouses above me

[Joey111]

Joey-please don't start anymore threads to address what is essentially the same issue.

It's a different issue in my opinion, I wanted to get people's experiences with retention. I don't want everyone to have to read the previous thread as it doesn't add anything to what I said in the new thread. I'll now get less if any replies because you have moved it, do you want me to just start a thread asking people about their experiences with retention ? I tried sending you a private message but you have them blocked.

 

[Vanilla]

This is what developers do, Joey. They appeal time and time again, and they may reapply time and time again. They have an asset sitting on top of the roof that they cannot realise unless they get planning. I'd imagine they will just keep going to try to get it indefinitely. Are you the only top apartment or are there others with similar contracts? I have to say I'm surprised they never approached you to make an offer to compensate you and have you withdraw your objection.

 

[Joey111]

There are 6 apartments per floor, so 18 apartments in total. I would imagine I'm the only one with a contract that states that they can't build above me.

I have already had multiple correspondence with the developer through our solicitors. Basically both of us are just staing our case, from my side I say they will be in breach of contract and from their side they say they won't.

I have to say I'm surprised they never approached you to make an offer to compensate you and have you withdraw your objection.

I haven't actually lodged my objection yet. I am thinking of getting a planning consultant to help me write it.

 

[Vanilla]

They are saying they won't be in breach of contract? Is there some argument over the wording?

 

[MugsGame]

When I was signing the contract for the property I got the builder to confirm (in a letter from their solicitors) that my property would be located on the top floor

Are they claiming that this letter does not form part of the contract?

 

[Joey111]

They don't address it. They just state that they can. I have had my solicitors and a barristor look at it. The barristor said that I had a "good arguable case".

If it did go to court the developer would argue that I completed the purchase knowing that there was apartments above me. Whereas I would be arguing that I have an enforceable contract signed with the developer that they will not build above me.

 

[Joey111]

Are they claiming that this letter does not form part of the contract?

They haven't addressed it. They just state thier case. My legal advice says that the letter is clearly part of the contract.