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MUTUAL EXCHANGE

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foxyferret | 11:27 Tue 03rd Nov 2009 | Property
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My daughter has recently done a mutual exchange with another council tenant. When mutual exchanges occur, the council say you take the property "as seen" which is fair enough. On moving in, she has discovered things she could not have seen. ie large gaps in the floorboards (they were covered by carpet) a plant, possibly ivy, now growing out of the chimney, windows not locking, some of the black seal coming away from outside the window frames, the fireplace not fixed to the wall (after all you don't go round tugging at the fireplace, you assume it is fixed) etc etc. We are going to write down everything that is wrong and send a letter to the council, asking which is her responsibility and which is the councils. Do you think they should fix some of these things even though it was a mutual exchange? There is a gas fire in the lounge, and I think anything which may block the chimney could be very dangerous. There is also a chance of structural damage to the chimney. Would welcome any comments
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I think you are pushing your luck, but you can try.
Surely things that relate to the outside maintenance of the property are the councils responsibility and things inside (except fixtures) and the tenants. Just because one chooses not to inspect what one is getting, doesn't shift the responsibility back to the council.
I suspect the answers may be|:
floorboard gaps - council - but low priority job that may be done when they get a round tuit
chimney - tenant's responsibility
windows not locking - technically council's - however no obligation to provide locking windows
fireplace - council - because a fixture - unless not fair wear and tear
black sealant - council - but low priority
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Thanks builders mate. I think some of it is worth a try, they can only say no. The plant out of the chimney has appeared since she took over the property, it was not there originally so they may do that for her. She does not mind anything being a low priority, after all none of it is urgent. We shall send the letter anyway, not expecting anything, but at least she will know what is what. There is no harm in asking, not demanding.

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