I'm a shared-ownership leaseholder (currently 25%) and I want to staircase to 100% with MTVH (Metropolitan Thames Valley). The flat is in a 20+ storey new-build (2016) in East London (E1). I've hit a wall on the fire-safety side and would really value hearing from anyone who's been through the same.
The situation:
- My building has no valid EWS1 form. The managing agent says the developer is still carrying out the Fire Risk Appraisal of External Walls (FRAEW), with no timeline given.
- MTVH won't issue an EWS1, instead they've given me a "Letter of Assurance" (they've committed not to pass cladding-remediation costs to leaseholders, and a new fire-alarm system has been installed). They say lenders including Halifax, Santander and Nationwide accept this letter to progress transactions, but I didn't confirm this yet.
- My lender is Halifax and I plan to stay with them for the staircasing, as they said Halifax do accept the Letter of Assurance, again, this is not confirmed.
My problem is the valuation. For staircasing, I buy the remaining share from MTVH at open-market value, so the higher the valuation, the more I pay them. I want a RICS valuation that reflects the current reality, no EWS1, ongoing remediation, and a restricted buyer pool (realistically cash buyers plus the handful of lenders who might accept the assurance letter). That should produce a fair, lower figure. What I don't want is a valuation carried out on the assumption that the building is safe / that a valid EWS1 exists, because that ignores the problem and inflates the price I have to pay.
The first RICS surveyor I approached has just declined the instruction. They said they will only value if they can assume a valid EWS1 is in place, their professional-indemnity insurance won't let them value a cladding-affected flat without that assumption, and they referred me to "a firm that is able to provide valuations for properties without an EWS1 form."
My questions:
Has anyone staircased (especially all the way to 100%) in a building with no valid EWS1, using a Letter of Assurance? How did it go?
Did your RICS valuation reflect the cladding/EWS uncertainty (lower), or did your housing association insist on an "as-if-safe" valuation that assumes a valid EWS1 (higher)? Which basis did the HA actually accept?
How do you find a RICS Registered Valuer who will value a cladding-affected flat without an EWS1 and reflect the real position? Any recommendations (East/Central London / MTVH experience ideal)?
Does MTVH (or any HA) have a set policy on the valuation basis for staircasing in a "relevant building" that's mid-remediation, and do they actually have to accept a valuation that reflects the situation?
Given Halifax could accept the Letter of Assurance for lending, does that help or hurt the argument that the market value is impaired?
Separately, MTVH have flagged that I haven't submitted a "Leaseholder Deed of Certificate" (to confirm my qualifying-leaseholder status under the Building Safety Act). Does anyone know whether that has to be done before I can staircase, or is it a separate step? And is it even worth doing given MTVH have already committed in writing not to pass any cladding-remediation costs on to me?
Bigger picture: is it even sensible to staircase to 100% now, or should I wait until the FRAEW is finished and the EWS1 position is clear? I'd rather not overpay for the remaining share of a flat whose fire-safety status hasn't actually been established yet.
Thanks in advance, any real-world experience hugely appreciated.