Selling flat - managing agent insisting on internal inspection

patricia..xx

In response to a standard enquiries letter from our solicitor the managing agent has said the flat will be inspected to see if we are in breach of our lease. The solicitor does not require the inspection to take place but the agent will not reply to any queries without it going ahead.

I am particularly worried as the freeholder is a nasty piece of work who threatened us when we extended the lease as he didn't think he got a good deal - so you can understand my suspicion that these rules changed last month soon after our request.

I can just imagine all kinds of "issues" being invented. Is there anything I can do?

AMILLIONDOLLARS

Are you being charged for the the inspection? Seems like another way of making money out of you before you sell. find out the cost, and who will be doing the inspecting? an independent surveyor perhaps?

AMD

patricia..xx

The cost is £150 which is ridiculous but will pay if necessary. I am more concerned they will want more if we are found to be in breach of the lease. I don't think we have breached it, but I don't trust them in the slightest. They say will be independent surveyor

Fire_Fox

Inspection for what purpose? Will they refund the money if no breaches are found? Have you got a copy of your long lease so you can see what conditions it contains (e.g. no pets, no business activities, no structural changes)? Does your long lease allow for inspections and for you to be charged for such an inspection?

Read this website, if you don't find the answer they run a free telephone advice line:
http://www.lease-advice.org/

"What are your contractual rights?

First and foremost, the right of peaceable occupation of the flat for the term of the lease, usually referred to as 'quiet enjoyment'. In addition, the leaseholder has the right to expect the landlord to maintain and repair the building and manage the common parts - that is, the parts of the building or grounds not specifically granted to the leaseholder in the lease but to which there are rights of access, for example, the entrance hall and staircases.
What are your responsibilities?

Principally, these will be the requirements to keep the inside of the flat in good order, to pay (on time) a share of the costs of maintaining and running the building, to behave in a neighbourly manner and not to do certain things without the landlord's consent, for example, make alterations or sublet. The landlord has an obligation to ensure that the leaseholder complies with such responsibilities for the good of all the other leaseholders. These rights and responsibilities will be set out in the lease.

Administration charges

(Section 158 and Schedule 11, Commonhold and Leasehold Reform Act 2002)
An administration charge is one payable by a tenant as part of or in addition to the rent which is paid directly or indirectly for:

• considering applications or providing approvals, for example, for consent to alterations;
• providing information or documents by or on behalf of the landlord or other party to the lease, for example on the sale of the flat;
• charges arising from a breach of the lease;
• charges arising from the non-payment of a sum to the landlord or other party to the lease. These may include legal costs of serving notices, correspondence and interest charged on unpaid sums.

An administration charge can be fixed by the lease or may vary. A 'variable administration charge' is one where neither the sum nor a formula for calculating the sum is specified in the lease.
An application may be made to the LVT to determine the tenant's liability to pay an administration charge, whether the charge is reasonable, or for the variation of a charge fixed by the lease."