Would this be classed as a GDPR breach?
Would this be classed as a GDPR breach?
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TonyRPH

Original Poster:

13,539 posts

197 months

Wednesday 25th September 2019
quotequote all
We are currently in the process of purchasing a leasehold property.

Recently I received a 'Management Pack' from the freeholder's representative, however they saw fit to include the ground rent statement for the vendor which I thought can't be right?

Would this be considered a breach of GDPR?

It's just an idle question, I have no intention of pursuing anything, but if they are to be holding my data too....

Oh, and if anyone out there is thinking of purchasing a leasehold - it's a bloody minefield of expense...


Mandat

4,630 posts

267 months

Wednesday 25th September 2019
quotequote all
TonyRPH said:
We are currently in the process of purchasing a leasehold property.

Recently I received a 'Management Pack' from the freeholder's representative, however they saw fit to include the ground rent statement for the vendor which I thought can't be right?

Would this be considered a breach of GDPR?

It's just an idle question, I have no intention of pursuing anything, but if they are to be holding my data too....

Oh, and if anyone out there is thinking of purchasing a leasehold - it's a bloody minefield of expense...
What is your concern about the ground rent statement, and what is compromising about you having received a copy?

Presumably, you having the relevant ground rent information is a legitimate requirement as part of your purchase?


TonyRPH

Original Poster:

13,539 posts

197 months

Wednesday 25th September 2019
quotequote all
Mandat said:
What is your concern about the ground rent statement, and what is compromising about you having received a copy?

Presumably, you having the relevant ground rent information is a legitimate requirement as part of your purchase?
Well, I expected to be told how much I would have to pay, but not be supplied with ~3 years of data from the previous vendor, along with their arrears too...

I just thought it a little odd, that's all.


Marcellus

7,204 posts

248 months

Wednesday 25th September 2019
quotequote all
It depends what purpose the Vendor gave them the details for and if they used it for that purpose or not.

So if Vendor said "here's the last 3 years statement for the buyer" then absolutely no issue I'd have thought.

S11Steve

6,389 posts

213 months

Wednesday 25th September 2019
quotequote all
TonyRPH said:
Oh, and if anyone out there is thinking of purchasing a leasehold - it's a bloody minefield of expense...
O/T - but after buying a leasehold 4 years ago, on a house with Parsonage covenants, I wholly agree.
On the flipside, we did get a bit of a bargain because of it, and we exercised our right to enfranchisement after 2 years to prevent any issues with redevelopment clauses in the lease.

Ground rent was only £15 per year, but the admin fees from the freeholder were ridiculous and far reaching - a bit of legals and £700ish was a small price to pay for peace of mind.

superlightr

12,920 posts

292 months

Wednesday 25th September 2019
quotequote all
we used to act as managing agents to blocks.

We used to get solicitors enquires acting on behalf of the purchaser : one of which was are there any ground rent or maintenance arrears? if so how much and frequency or to that effect.

The reason was we would get an undertaking that any arrears would be settled from the sale proceeds or hold off a completion untill arrears were paid or get the purchaser to pay off the arrears.

Did you get this from your solicitors? Sound like they sent to you part of the replies they got in relation to their enquiries which you are entitled to see as you are the prospective purchaser. I dont see any GDPR issues as its directly in relation to the property you are buying and what you may end up paying for.

TonyRPH

Original Poster:

13,539 posts

197 months

Wednesday 25th September 2019
quotequote all
superlightr said:
<snip>

Did you get this from your solicitors? Sound like they sent to you part of the replies they got in relation to their enquiries which you are entitled to see as you are the prospective purchaser. I dont see any GDPR issues as its directly in relation to the property you are buying and what you may end up paying for.
Yes, it was supplied by my solicitor.

And fair enough re GDPR issues - I understand now.

Thanks all.