Selling leasehold.. had a query from solicitors

downs523

I am in the process of selling my leasehold flat and the buyers solicitors have asked a question in relation to windows that were installed in the flat. They want a copy of written consent from the housing trust for the installation.

I bought the flat in 2009 and the windows were installed in 2006, the solicitors i used to buy didn't pick this up. So i called the housing trust today and they said that no consent is on file and to get retrospective consent it will cost £300!!!!

I have informed my solicitors of this and waiting for their reply. Are they going to make me pay £300 even though it was done 3 years before i moved in? obviously if i was aware of this when i was buying i would have sorted it but how could i when my solicitor didn't even make the enquiry.


its not listed and its owned by vale of aylesbury council

any ideas anyone,

thanks

Chris

stator

I'm afraid it's a matter for negotiation. If you don't mind risking losing your buyer tell them they have to pay. If you don't want to risk it then you have to pay. Or you could come to some kind of agreement that you pay but they refund you if they pull out of the sale or the other way around

downs523

Thanks

I know the buyer (friends mother) so wouldn't expect her to pay. The main thing I am worried about is the delay it may cause. Has anyone had experience of this? Any conveyancing solicitors out there?

I will be calling my solicitors tomorrow but just wanted another opinion before hand .

pjread

I suppose the third option is you say "No I don't, but they've been in place for 8 years and it's never been an issue". Unless it's a hard requirement from the mortgage lender your buyer is at liberty to tell their solicitor to calm down/not worry about it if they're happy to accept the (honestly, just about non-existent) risk of the freeholder getting upset about them almost a decade later.

downs523

I have informed my solicitors that they have been here 8 years with no issues. That all the neighbouring maisonettes who have the same leaseholder have exact same windows. The buyer is a cash buyer so it's not a mortgage requirement. Hopefully things just move on as planned because there will be a delay if it is needed which obviously gives the potential for the chain to collapse

harrys_dad

There seems to be a breed of solicitor in house buying now that is always looking for an opportunity to get a commission selling an indemnity policy. In this case of course now that the request for information has been made of the freeholder that opportunity has been lost.

enthusiasticsaver

harrys_dad wrote: »

There seems to be a breed of solicitor in house buying now that is always looking for an opportunity to get a commission selling an indemnity policy. In this case of course now that the request for information has been made of the freeholder that opportunity has been lost.

Totally agree with that. They seem to want to sell indemnity policies for electrical work which is uncertificated, chancel repair liability replacement doors and windows without consent. We had an issue with our leasehold flat which we only completed on yesterday in that the windows were replaced with consent from freeholder in 2009 just before we bought it. We replaced the wooden front door with a double glazed one but although we told the property management company, and had record of it, they did not do an official consent for it. Luckily the buyer was content with that.