Retention - leasehold sale not returned

LallyHay

I wondered if anyone had experience with Retentions. Basically when we sold our flat in April 2013 we had to leave a £670 retention in case of additional service charge fees for the period the accounts hadn't be done. These were supposed to be released to us once the accounts were done. We never heard anything back so left it a year and then started chasing. In the meantime our conveyancers had been taken over by another company.


I chased the Management company and got copies of the accounts (proving there were no additional charges etc and a named contact that the solicitors could contact for all information) and sent to all solicitors involved. There has been no response from anyone; the new conveyancing company had archived our files and now I get passed from one person to another.


I have just read that the contract should have had all the terms and conditions set out under 'special conditions' but it only states the retention is to be held until accounts are finalised and not who is holding them etc.


It is now approaching 2 years since our sale and I am getting very frustrated. What action should I take now - Citizens Advice? Legal Ombudsman? Any advice much appreciated.

eddddy

Hi LallyHay

So it sounds like your conveyancers have breached their contract (i.e. they agreed to deal with the retention, but haven't) and/or been negligent.

So write them a formal letter of complaint, claiming the £670 - on the basis of breach of contract / negligence.

If you still get no response and if they are SRA regulated, complain to the SRA. Otherwise maybe think about making a claim through the small claims court.