Landlord certifcate (leashold property) - who pays for this?
Landlord certifcate (leashold property) - who pays for this?
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Discussion

philv

Original Poster:

5,147 posts

238 months

Monday 27th May 2024
quotequote all
So, i'm selling a leashold flat.

I need a landlord certifcate from the freeholder/landlord.
(new safety laws 2012).

I reaslise the landlord has to provide this within 4 weeks.

But....

Who pays for it?
Can the freeholder charge fees (ie solicitor fees, etc) in order to provide this certificate?

Thanks

Dg504

341 posts

187 months

Tuesday 28th May 2024
quotequote all
It used to be that you paid the freeholder/managing agent for the pack.

It confirms that you don’t owe any ground rent etc and that all is good.

Money for old rope but it is what it is!

philv

Original Poster:

5,147 posts

238 months

Tuesday 28th May 2024
quotequote all
It's not that.
I don't think that exists any more.

I'm talking about the landlord certificate that is required for the building safety act that came into force in 2022.

superlightr

12,920 posts

287 months

Wednesday 29th May 2024
quotequote all
philv said:
It's not that.
I don't think that exists any more.

I'm talking about the landlord certificate that is required for the building safety act that came into force in 2022.
I/We used to deal with freeholders/management companies of blocks and in fact looked after blocks by running their management companies some years ago but we sold up that part of the business some 10 years ago as the regulations/legislation and compliance risk was too great. Its a very specialised area of law.

I would guess that if its a legal requirement for them to have what you are talking about then if you are a leasehold you should be entitled to a copy of it BUT most freeholders wont be doing anything for free and would equally want to charge you to provide this. They may well confirm they do hold one and thus comply with the law (the Act may or may not say anything about providing a copy so you need to look at the Act) but to admin it if you want a copy they will charge something. The Act may say it has to be physically posted in any communal areas - read the Act to find out.

As you are selling the buyers will want a number of questions answered which is where the buyers solicitors would write to the Freeholder/Man co
and get the questions answered. Why are you providing this? its something thats done between the solicitors? Yes there will be a charge for answering sol enquires depending on how many questions they ask - some will be few questions ie 20 some will be many paged. We used to charge between £250 +and highest I recall was close to £700+ due to the nature of the extensive questions and time it would take to answer.


Edited by superlightr on Wednesday 29th May 07:55


Edited by superlightr on Wednesday 29th May 07:57

philv

Original Poster:

5,147 posts

238 months

Wednesday 29th May 2024
quotequote all
Thanks.
It turns out although the lease qualifies, the building is not a relevant building due to not meeting minimum height or no of storeys requirement.