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  • FIRST POST
    • set
    • By set 18th Jun 17, 9:19 AM
    • 222Posts
    • 41Thanks
    set
    Lease questions
    • #1
    • 18th Jun 17, 9:19 AM
    Lease questions 18th Jun 17 at 9:19 AM
    Hi

    We are in the process of buying leasehold flat. Lease is 999 years from 1981. We have received the draft contracts and there is a copy of the lease in this but we are still waiting for the management pack with details of what the service charge covers etc. In the letter the solicit sent it has a paragraph COVENANTS saying we could still be liable for for covenants after selling but it is not suggested that we withdraw as it would be rare for this to happen but must be advised of this etc

    Is this normal? Although they said it would be very unusual to be called upon to carry out the obligations I would just like to ask for advice as this is our first purchase.

    Thank you
Page 1
    • G_M
    • By G_M 18th Jun 17, 3:06 PM
    • 40,517 Posts
    • 46,347 Thanks
    G_M
    • #2
    • 18th Jun 17, 3:06 PM
    • #2
    • 18th Jun 17, 3:06 PM
    Unless you tell us what the covenant says, how can we comment?
    • da_rule
    • By da_rule 18th Jun 17, 3:16 PM
    • 2,468 Posts
    • 2,194 Thanks
    da_rule
    • #3
    • 18th Jun 17, 3:16 PM
    • #3
    • 18th Jun 17, 3:16 PM
    I would assume (although as G_M says we cannot be sure) that there are some positive covenants contained within the lease. These do not run with the land, so it is therefore conceivable that when you sold the property you could still be liable for them unless you make sure the transfer is properly drafted so as to pass your liability onto the incoming owner.
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