Cash Left to Pay Stat Notice After Flat Sale (Edinburgh)

vein

Hi,

This question may be quite specific to Edinburgh as it relates to the Statutory Notices that there is quite a bit of scandal around up here.

I sold up my flat in 2009 but at that time I had an outstanding bill of around 6K due to works that were enforced by one of the local councils statutory notices. The works were completed early 2009 but by the time I was selling up mid way through the year the final bill had still not been issued.

I've left around 7K with the solicitor I sold up with at the time so that when the bill is finally issued the cash is there to pay it and I receive back anything left over from the 7K. Originally I had asked if a legal document could be written up instead making it clear that I was liable for this bill, the buyers werent keen on that though and wanted to ensure the cash was left aside.

Now its fast approaching 4 years since I left this money aside and there is still no sign of the bill. With all the scandal around these notices I'm starting to wonder if the bill will ever be issued.

I'm wondering if anyone on here is in the same boat as me? Or if anyone was in the same position but managed to get the money back?

Ideally I would like to get this cash back somehow if thats at all possible. Just to be clear though, I'm not trying to wriggle out of the bill if it is still coming. I'm still looking to be liable for the bill and in no way would i be looking to screw over the buyers.

Cheers

Jeffrey_Shaw

I don't know but am posting just to remind other members that Scottish law differs from the law of E&W.

agrinnall

If work was completed in 2009 I'm pretty surprised that it hasn't all been settled by now. I sold my flat in 2010 with a statutory notice outstanding (albeit with a much smaller retention), the work was done a few months after I'd sold and the money was all sorted out within a few months after that. I don't think you're going to get all the money back but I would be pushing the solicitor to ask the council for a final statement so that at least you can be sure of what you owe and hopefully get something back.

The proviso is that if there is doubt about whether the cost of the work done was legitimate then the whole thing may be the subject of a criminal investigation - although this really ought to be something your solicitor should be able to find out.

vein

agrinnall wrote: »

If work was completed in 2009 I'm pretty surprised that it hasn't all been settled by now. I sold my flat in 2010 with a statutory notice outstanding (albeit with a much smaller retention), the work was done a few months after I'd sold and the money was all sorted out within a few months after that. I don't think you're going to get all the money back but I would be pushing the solicitor to ask the council for a final statement so that at least you can be sure of what you owe and hopefully get something back.

The proviso is that if there is doubt about whether the cost of the work done was legitimate then the whole thing may be the subject of a criminal investigation - although this really ought to be something your solicitor should be able to find out.

Thank you for responding. We did have another couple of notices that we left a retention for too, one of which was defintley paid and excess sent to me. I cant remember if the other one was ever completed but the money involved was a lot smaller that this 6K bill.

Looks like I need to speak with my solicitor on this one then, thanks again.