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  • FIRST POST
    • helpless2018
    • By helpless2018 9th Feb 18, 7:02 PM
    • 1Posts
    • 0Thanks
    helpless2018
    Issues surrounding selling my flat (long post !)
    • #1
    • 9th Feb 18, 7:02 PM
    Issues surrounding selling my flat (long post !) 9th Feb 18 at 7:02 PM
    Hi All

    First time poster here mainly because I have an issue.

    Please note this is a long post but I would really appreciate some help/advice.

    Basically about 18 years ago when I was 21 I purchased my first flat. At the time with the solicitor we went through various things and I asked the question was it ok to let the flat out in case my circumstances changed. I was told it wouldn't be an issue as long as I informed the Management Company at the time. My solicitor a few years on was renowned for bad service and considering he completed everything within 3 weeks I wish I had had the knowledge I do now about that solicitors and leasehold properties. Anyway when I asked for a copy of the lease he said we have gone through that and its sent direct to your mortgage company now.

    Fast forward 15 years later and I meet my now partner and we move in together so I want to rent the flat out so I ring up the Management Company to inform them of my new address and that I was renting it out. The lady said that is not an issue and took my new address so I rented it out. In fact I had conversations with people in my block who said oh its fine as long as you have let them know.

    In that time my and partner worked for the same company and to cut a long story short our jobs were terminated. On top of that I had a miscarriage. All this resulted in deep depression and anxiety. In this time I wouldn't leave the house and hid my post. Fast forward and when I did open the post I had letters from my Landlords solicitors advising me that I hadn't provided access for a surveying to inspect my flat and that I was renting it out without permission. It had gone to the property tribunal and I was notified by an email from my mortgage company about a section 21 (I think from memory). I got in contact with their solicitor and they phoned me up after I had written to them apologising and explaining my situation. I had to boot out my tenants a week before xmas. I felt awful but thankfully they were understanding as they had heard similar stories round the block. My landlords solicitor basically said if you do this it would rectified the breach. There was a big chunk for their solicitors fee and I would have to pay for a 10 year lease costing over a couple of thousand plus yearly fee. They made me feel if I didn't do this I would go to court. Due to my state of mind at the time court scared me so I felt I had no choice. After seeing the figures I said I don't have that money and that I would have to sell the flat. So I entered into an agreement that I would have to sell the flat within the year and pay them this big sum. I was suffering so much I just wanted rid in the belief given the location it would sell fast. I signed all documents just because I wanted rid.

    After 3 buyers pulling out mainly due to the lease terms, it has sold again however I have been through two solicitors and the hold up is the landlord providing the Management Pack. My solicitor asked if I could contact my landlord to see if I had any luck. Bearing in mind I have been told not to contact them directly I contacted their solicitors. After 5 days I was getting nervous as I hadn't heard anything then my solicitors contacted me to say my landlord!!!8217;s solicitor had contacted them to ensure they get the money I owed they would need to sign an Undertaking. However my solicitor just contacted me to update that they were not happy with the wording of the Undertaking as they would be liable so have gone back to them for an amendment

    Now the Management Pack was original requested by my original solicitors back in April last year. Then my current solicitors requesting it in August last year then again twice in January this year but received no response. Why didn't they say they wouldn't release before an Undertaking.

    I am at a loss here. They said I had to do my endeavours to sell the flat but they are holding everything up and my previous buyers pulled out due to their overcharging with letting the flat out and the delay with the Management Pack that we were not aware off.

    I don't know what to do. I have communicated with them fully since I got to a point when I was reading my mail. Their solicitor knew I had been ill but kept pressurising me.

    Can anyone advise what I can do? I am so stressed out as I don't have any money to fight these people. For some reason even though I had signed a deed, and stated many times I would pay their money they now insistent my solicitor enters into an undertaking.

    My buyer wants to pull out now due to the time taking to complete. Also my deadline for paying back the landlord was in February and I am just in limbo as I am so scared of the Landlord taking my flat and the asset I worked hard to get at 21 was worthless. It!!!8217;s all I have.

    The stress of it is putting me and partners relationship at breaking point and I can't see it lasting.

    I feel there is no end to this and the landlord is just being impossible even thought I have had said I will pay whatever just to bring this chapter to a close.

    I can't cope with all this as I find it hard to find a light at the end of the tunnel. What if I cannot not pay I loss everything.

    On top of all this whilst I was ill I used my own savings to avoid going on benefits. When this run out and I got on anxiety pills which allowed me back to work, I contacted DWP but was told due to insufficient NI contributions I was not entitled to benefit. I wasn't aware when using my savings to pay NI. I know feel stupid now but at the time I didn't know this.

    On top of this I constantly look for jobs but due to previous Management role they all come back over qualified!!!

    I need the flat money as after this month I will not have money for the mortgage or costs which go with it

    I just want to sell it!!!
    Last edited by helpless2018; 09-02-2018 at 7:03 PM. Reason: Spell check
Page 1
    • Davesnave
    • By Davesnave 10th Feb 18, 11:38 AM
    • 24,299 Posts
    • 91,012 Thanks
    Davesnave
    • #2
    • 10th Feb 18, 11:38 AM
    • #2
    • 10th Feb 18, 11:38 AM
    Just bumping the thread.

    I can't help, because I don't really understand the issue, but I suspect the length and complexity of the post has put people off.

    While it isn't great when people drip-feed info, an initial post which gives too much detail is self defeating.
    'A society grows great when old men plant trees whose shade they'll never sit in.'
    • AnotherJoe
    • By AnotherJoe 10th Feb 18, 12:13 PM
    • 8,258 Posts
    • 8,992 Thanks
    AnotherJoe
    • #3
    • 10th Feb 18, 12:13 PM
    • #3
    • 10th Feb 18, 12:13 PM
    Yep, i couldn't be bothered to write "OP you really need to summarise' but as you've bumped it,
    OP you really need to summarise.
    Skip the history, skip the stuff about looking for a job, skip medical details, skip losing previous jobs, etc etc etc, skip everything that is not 100% relevant to the actual issue you have right now, whatever it is.
    • Tiglet2
    • By Tiglet2 10th Feb 18, 12:41 PM
    • 69 Posts
    • 35 Thanks
    Tiglet2
    • #4
    • 10th Feb 18, 12:41 PM
    • #4
    • 10th Feb 18, 12:41 PM
    [QUOTE I asked for a copy of the lease he said we have gone through that and its sent direct to your mortgage company now.][/QUOTE]
    You can go onto the HM Land Registry website and download a copy of your lease for £3

    [QUOTE I want to rent the flat out so I ring up the Management Company to inform them of my new address and that I was renting it out][/QUOTE]
    I had letters from my Landlords solicitors advising me that I hadn't provided access for a surveying to inspect my flat and that I was renting it out without permission


    Read the lease

    After 3 buyers pulling out mainly due to the lease terms, it has sold again however I have been through two solicitors and the hold up is the landlord providing the Management Pack.

    [QUOTEmy solicitors contacted me to say my landlord!!!8217;s solicitor had contacted them to ensure they get the money I owed they would need to sign an Undertaking. ][/QUOTE]
    When you are selling a flat, you have to provide/obtain a Management Pack to be sent to the buyer's solicitor. You as the seller have to pay for the Management Pack. It sounds as though you haven't paid for one and the buyer's want an "Undertaking" (i.e. a promise) from the solicitor that one will be provided/paid for

    [QUOTEFor some reason even though I had signed a deed, and stated many times I would pay their money they now insistent my solicitor enters into an undertaking.][/QUOTE]
    Have you paid for a Management Pack or are you expecting your solicitor to pay for it and you pay when the flat is sold (i.e. the Undertaking?). Even if your solicitor agrees to offer an Undertaking, they will want you to pay them the money up front. Until the Management Pack is paid for and obtained, your buyer's solicitor will not exchange
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