Communal area charge - should prospective buyer or seller be responsible?

CloudCloudCloud

I am in the process of buying a flat. The communal hallway is going to have their carpet changed - this notice (notice of change of carpet) was given out before I made the offer. The work has not been been carried out and it is likely it will take place after I move in. Would I (prospective buyer) be responsible for this charge given the work takes place after the completion? But this notice was given to the seller before the offer was made - so surely it should be the seller's responsibility to have this paid up before the transaction?

Many thanks for all your help!

BitterAndTwisted

Reduce your offer by the equivalent cost of this charge. The seller knew it was coming and you didn't. Is it substantial?

westlondonbuyer

It's your vendor's responsibility.

I had this - the vendor needed to pay his share of the communal redecoration costs, but was unable to do so until he had the funds from the sale. My solicitor held back the same sum from the completion amount ('retention') until the vendor's management company confirmed the bill had been paid.

westlondonbuyer

Actually, re-reading this, I've just seen you posted the work hasn't yet been carried out. Have the other owners been invoiced in advance? If they haven't, your position is a little more uncertain.

Do you have something in writing from the vendor to confirm that the carpet was being replaced, and that he would bear the cost?

evoke

It all depends on the leasehold questionnaire (sales particulars) that the vendor filled in. One of those questions is whether any communal works are known about. What did the vendor say to this question?

Another standard question is whether there is any money owing for previous works.

It sounds like communal works were known about, in which case your solicitor should have communicated the works and costs to you for consideration. However, the vendor does not appear to ow money for previous works that have been completed.

If you have already made an offer and has it accepted given what you should have known then I don't think you can ask the vendor to foot the bill.

Jenniefour

What you need to know is if there is enough money already in the sinking fund to cover this and other future expected expenses. So are the contributions to the sinking fund, service charges, enough to have a pot big enough to cover repairs and maintainence without anyone having to put their hand in their pocket. And you need to see the last three years of accounts - your solicitor will ask for this - so you can check that the service charges are sufficient, and that they are increased in line with rising costs.