Previous tenants service charges

Fire_Fox

Interesting thread, OP please keep us updated.

boxer691

Fire fox and Richard could you try to simplify the matter of the deed of covenant.

As I see things, my solicitor has made a basic error and I intend asking him to pursue the money from the vendors solicitor as I'm not likely to have them find the previous owner as the propert was repossed. I think that my solicitor should pay.

Fire_Fox

Don't assume your solicitor made a mistake, it's possible the council is at fault. Do you have a copy of your long lease? You should read this carefully. Not sure what the others are referring to as regards deeds of coventants being dispensed with - for my property the covenants relating to service charges are in my long lease.

blckbrd

Essentially the deed of covenant is an undertaking to abide by the terms of the lease. It facilitates enforcement of the terms.

So if the lease says 'you must pay all service charges due' and the former lessee left a debt, then by signing a deed of covenant the purchaser has agreed to 'pay all service charges due' whether incurred prior to assignment or not.

The 'dispensed with' referred to the LA I mentioned not requiring a deed of covenant on assignment of the lease.

boxer691

I have seen the registry form showing me as the current owner, is that the same document that you are referring to. It at some pointed is dated 2001 with somones name who I dont know and it states that he has to pay £10 lease and service charge. It does not relate to me as I only bought the flat in September. I cant recall signing any paper work with it stated that I would honour any outstanding service charges

boxer691

This is the Land Registry document

Fire_Fox

What documents do you have a copy of at home? Did you read everything the solicitor send you or did you just sign? Have you contacted your conveyancing solicitor yet to get his input?

jfed

boxer691 wrote: »

I just bought a flat Ex council. The council tell me that I am responsible for the previous tenants service charges. Its a leashold purchase. The landlord is the County Council. Its still within 4 months of purchase and I have had no warning of this. My son lives in the flat on a private basis with no rent or commercial interest. What can I do?

Did your solicitor inform you of the service charge obligation at point of purchase? I personally would make this my first point of call as it should have been highlighted during their searches

boxer691

Apparantly the vendors solicitor has signed a form that states that there are no outstanding charges etc on completion. My solicitor tells me that this gets me off the hook, I will have to pay it but get the money back from the vendors solicitor

boxer691

My solicitor tells me that they have a document that the vendors solicitor has signed stating that there are no outstanding issues or charges in relation to the flat. This was signed prior to completion