Selling Problems - please help

spluff

The flat I am in is on the way to being sold and we have just been told by our solicitor that there are 2 queries that have been raised.

1. Environmental issue - failed to give a certificate. Cant understand why this is the case and what the cause is. No-one else in the apartment block has had problems when selling their property and we were not told of any issues when we bought it. Is this a major problem? Our solicitor has asked their solicitor to contact the local authority.

2. Lease is defective. The original lease that was entered into by the first time owners is "claimed" to be defective because it does not have an "enforcable convenants provision". Anyone have any idea what this is? What it means? And how it is resolved? Again no-one selling their property has had this problem either.

Worried......
SpLuFF.

lynzpower

the Env search isnt a biggie, if the flats are fairly new all this would have been taken care of at the planning stage.

The secondary issue about the lease I suspect is more of an issue. I guess that what they are saying is, if people defect on the lease ( eg having pets, or other things that are being forbiden) theres nothing in place to deal with the repercussions. It could be that there is a standard annexe to lease, and the freeholder has it. it could be theres no provision in place.

I am NOT an expert, but Im guessing thats what this means.

spluff

thanks for your reply...... the build is quite new (around 8 years now).

So basically i just dont do anything and let the other solicitor contact the local authority about the env issue and the lease?

I just feel helpless at the moment and would love to know when i can start planning

lynzpower

the lease is to do with the freeholder

Is the freeholder ther council ( did you buy off the council or an ex council place?) if not its the freeholder who can be the builder , or someone else/.

spluff

it was built by a developer. So i guess their solicitor will need to chase the builder. fun fun fun.

I think its just being really picky as I said no-one else has had any problems at all.

Richard_Webster

You are paying your solicitor to act for you so he should give you a better explanation of the nature of the defect in the lease. Press him for this.


As a conveyancing solicitor I believe the information given in the post to be useful but I accept no liability except to fee-paying clients

spluff

the defect is that we do not have enforcable convenants provison.

Well thats what i was told. Dont know if this makes a lease invalid or not.

Richard_Webster

Whilst I can guess at what that could mean it is really for your solicitor to explain in layman's terms to you what the background to it is. Also there are lots of possible scenarios so if you give more detail we may be able to work out what it is.

Are each of you basically responsible for looking after your own flat and keeping it in good condition or does the Landlord or someone else look after the structure and common areas? Is there a management company/residents association kind of set up for looking after these matters? Are you members of this? What is it called?

As far as the env search is concerned people don't laways do them so when you bought the point possibly didn't come up. Also one Env sch company can fail/refer for further action a property where another company would "Pass" it. Of it is only 8 years old the chances are that the Council imposed a planning condition requiring an expert report as to what should be done to deal with any contamination and then further confirmation from the experts that it was actually dealt with.


As a conveyancing solicitor I believe the information given in the post to be useful but I accept no liability except to fee-paying clients