The government has been accused of selling more than a dozen St Clement flats without warning the buyers of known defects with the building.
Gary Bryant, the property manager of the Maison D’Azette block, hit out at the government for selling the freeholds within the building despite knowing about a long-standing problem with its exterior.
But the Infrastructure and Environment Department has said that, while it was “very sympathetic to the predicament facing the owners”, it did not believe that the government held responsibility “for resolving what is a historic issue”.
Mr Bryant said that his firm, Morganfinch, was appointed property manager of Maison D’Azette in 2015.
He said that, at that point, the government still held the freehold on eight apartments in the building – having sold ten earlier that year – with a further six sold later on.
Years later, in 2020, some of the building’s cladding blew off.
“When we went to claim on the guarantee, the company that provided it argued that it hadn’t been maintained,” Mr Bryant explained.
He argued that the buyers should have been made aware of the issue, citing a government document about Maison D’Azette with a note dated 2 February 2007 [pictured below] that states “how do we convey the ongoing issues with the cladding”.
Mr Bryant said it was estimated that the problem would now cost around £500,000 to fix, equating to roughly £27,000 per owner.
The property manager added that he would like to see government make “a significant contribution towards the new cladding based on their negligence, both in not maintaining the building and their moral compass being off in not declaring that there was a problem with the cladding”.
Mr Bryant also criticised an alleged reference to the ‘tout tel’ clause by Infrastructure Minister Andy Jehan in an email discussing the matter last year.
The infamous Jersey property contract clause, also known as the ‘warts and all’ clause, essentially stipulates that the property is purchased by the buyer in its current condition – including apparent or hidden defects.
However, Mr Bryant contended that this was “not what it’s for and not how a government body should act”.
In a statement following questions from the JEP, the Infrastructure and Environment Department said: “We are very sympathetic to the predicament facing the owners of the flats at Maison D’Azette.”
The statement continued: “We fully recognise the concerns raised regarding the condition of the building’s render and the impact this is having on current residents.
“However, we do not believe that the responsibility for resolving what is a historic issue lies with the government.
“As with all multi‑unit residential buildings, decisions about maintenance, repairs and associated costs rest with the building’s management and its collective ownership.”
The statement also noted that the government “remains the owner of two apartments within Maison D’Azette”, adding that: “We will of course meet our proportion of any costs that arise from decisions taken by the building’s management company.”
