New-Build Flat Purchase Query

[romeogolf]

I'm in the process of buying a new-build flat and can't tell if my conveyancer is being particularly useless and lazy, or if I'm just expecting too much. It feels many of the questions I ask get brushed away as "talk to the sales team" but, having spoken to them about other details, they are utterly clueless and I've had to do my own research and speak to existing residents to find answers.

As an example, I have a query around the service charge.

The lease states the initial service charge will be £821.60 and my conveyancer has advised this is payable on completion.

I've asked if this will be charged as a pro rata amount based on when the service charge year my completion takes place or if this sum just held on account to be used against future service charge years with said pro rata amount allocated for the remainder of the year in which my completion takes place.

I also asked when the service charge year runs from and to, whether April-March or Jan-December etc.

Conveyancer said:

Yes it is usual to have a fixed sum due on completion in situations such as these. All similar plots would receive demands in like format.

In terms of the service charge periods I assume that this is difficult to assess until all the plots are sold obviously.

Please discuss further with the sales office if you are concerned.

I also raised a query regarding one of the lease terms;

Lease said:

To keep the Premises in good and substantial repair and condition and when necessary to
replace and renew any landlord's fixtures and fittings with new ones of equivalent quality
and value to the reasonable satisfaction of the Landlord (damage by any Insured Risk
excepted save to the extent that the insurance moneys shall be irrecoverable by reason of
the act or default of the Tenant or any undertenant or their respective servants agents or
licensees)

My query was what, within my flat, would be constituted as "landlords fixtures and fittings".

Conveyancer said:

The developer's solicitor has advised you speak to the sales office about this

I'd like to know if it would be right to push back and insist my conveyancer asks for a legal/proper/written answer to these queries, or if these answers would be considered reasonable?

[22s]

Your conveyancer will know that legally only the responses to enquiries that come through the seller's solicitor can be relied upon.

So they should be following your instructions and raising those (valid) questions you have as legal enquiries to the seller's solicitor.

You are paying the conveyancer and they act for you. Don't let them fob you off. They sound like lazy pricks.

[B9]

You’re buying a flat with leasehold/service charge

Isn’t the landlord the freehold owner? Fixtures and fittings would be anything communal, hallway lighting, entrance doors etc?