Leasehold/property . query

Author
Discussion

sly fox

Original Poster:

2,223 posts

219 months

Tuesday 23rd May 2017
quotequote all
i sold a flat in September last year, and my solicitor requested a list of outstanding charges -maintenance fees, ground rent , insurance and asked for pro rata balances as it was in the middle of the contract year and i usually paid fees up front.

At time of contract completion, there was indeed a balance owing to me, and this cost was added to my buyers total cost as an adjustment to the payment for the flat.

8 months later and my purchasers have had an invoice from the lease holder and management agent stating there are adjusted additional costs for last year (circa £450) which is required to be paid, and the purchasers are expecting me to pay this.

Is it not the case that all my responsibilities for the property ends at the point of completion? The solicitor asked (multiple times) for accounts and fees outstanding from the lease holder and management agent. If there were calculations made after this date- am i liable?

surveyor

17,807 posts

184 months

Tuesday 23rd May 2017
quotequote all
As it's a flat, I assume it was Leasehold, and therefore the property was not 'sold', but the Lease Assigned.

There should be a Deed of Assignment, which should set out if you are liable for any balancing payment. I would suspect not - but you need to read the Deed/ask your solicitor.

sly fox

Original Poster:

2,223 posts

219 months

Tuesday 23rd May 2017
quotequote all
Yes it was a flat.
Do not remember the conveyancer bringing up a Deed of assignment, or being told to retain monies for outstanding payments.

I think the managing agents are trying it on to be honest with the new owners.


Thanks for the swift reply.

alfie2244

11,292 posts

188 months

Tuesday 23rd May 2017
quotequote all
As a freeholder & leaseholder, but not a solicitor, I would say they are trying it on and would not win a tribunal.... IIRC they have to consult leaseholders for any works over £250 (Section 20’ consultation )

http://www.lease-advice.org/

Rude-boy

22,227 posts

233 months

Tuesday 23rd May 2017
quotequote all
Depends on terms of original contract.

Please refer to original conveyancers instructed on your sale. This is something they need to tell you the answer to having drafted and acted for you. If they have not explained it all to you in writing they should really do this for free.

You may legally be liable of this. You may have to discuss any additional fees your conveyancers may suggest they will charge with them depending on your respective attitudes.

matjk

1,101 posts

140 months

Tuesday 23rd May 2017
quotequote all
I sold a flat last year and my solicitor held back £500 for exactly this , fortunately no bills came in so I got it back , I would be pretty pissed if I purchased a flat and got whopping bill in the first year !