LPE1 freeholder death

goathead

So we are currently in the process of selling our leashold flat. It has transpired that the freeholder died last year. We have since had some communication with his wife and asked her to complete an LPE1. She has approached a solicitor to do this. The problem is we have had no contact with the freeholder since our lease extension several years ago. Her solicitor says he doesn't think he can complete an LPE1 as there is no information. Our buyers solicitor have again requested the LPE1 or at least written confirmation on who can deal with the estate along with notice fees, fire RA and asbestos RA.
the risk assessments don't exist as far as I am aware although the only communal parts of the two flats are the path up the front doors.
Probate has not yet been granted.


Any advice on where this leaves us? Are the risk assessments actually needed? Can the executors of the will provide the information? Will the lease need amending? Who pays for all of this?


thanks in advance
Jim

xylophone

or at least written confirmation on who can deal with the estate

The executor of the estate?

goathead

that's our assumption, as executor she can answer. Not really sure on the other factors, risk assessments, details on the lease etc.

davidmcn

Any party can do risk assessments if somebody thinks they're essential. So assuming the freeholder hasn't secretly done them, either your buyer takes a view on the absence of them (given they'll just state the bleeding obvious), you organise them, or your buyer gets them.

AdrianC

Have you searched for probate information?
https://www.gov.uk/search-will-probate

You DO still have a freeholder - you just don't know who it is yet.

If probate hasn't been finalised, and the bequests disbursed to beneficiaries, then it's the executor on the behalf of the deceased.

If bequests have been disbursed, then it's whoever it was left to - which, unless it was specifically named in the will, will be whoever inherited the residue of the estate after any specific bequests. And that is almost certainly the missus.

goathead

Thanks for the advice folks. I think I'm just being a bit jittery about the complications putting off the buyer. The Risk assessment business seems daft as its literally a few square feet of tiles between the pavement and the doors. such is life.

Fire_Fox

goathead wrote: »

So we are currently in the process of selling our leashold flat. It has transpired that the freeholder died last year. We have since had some communication with his wife and asked her to complete an LPE1. She has approached a solicitor to do this. The problem is we have had no contact with the freeholder since our lease extension several years ago. Her solicitor says he doesn't think he can complete an LPE1 as there is no information. Our buyers solicitor have again requested the LPE1 or at least written confirmation on who can deal with the estate along with notice fees, fire RA and asbestos RA.
the risk assessments don't exist as far as I am aware although the only communal parts of the two flats are the path up the front doors.
Probate has not yet been granted.

Any advice on where this leaves us? Are the risk assessments actually needed? Can the executors of the will provide the information? Will the lease need amending? Who pays for all of this?

thanks in advance
Jim

goathead wrote: »

Thanks for the advice folks. I think I'm just being a bit jittery about the complications putting off the buyer. The Risk assessment business seems daft as its literally a few square feet of tiles between the pavement and the doors. such is life.

Welcome to MSE.

Generally freeholders and managing agents pass on all costs of managing, checking and maintaining the property to all the leaseholders in the service charges.

Documentation and queries related to transferring the long lease, including the freeholder's reasonable legal fees, is chargeable to the individual leaseholder (you). Some or all of this can be passed onto the prospective leaseholder (buyer).

Ultimately no costs stop with the freeholder or their agent, unless they eff up of course. Not that you need to remind them to charge you if they are clueless. They might charge some or all of this to the estate by mistake.

Search the excellent Leasehold Advisory Service website for information on these risk assessments, and what to do when the freeholder is deceased.

A fire RA is a legal requirement and has been for years, presumably an asbestos RA is too given your buyer's conveyancing solicitor is requesting it. A failure to carry out RAs *may* be leverage for them not to be charged to the leaseholders. The loft/ roof may well be classed as a communal area: usually they are not demised to one flat.

Is there only one executor named in the will? If yes the widow has 'inherited' this responsibility whether she likes it or not. Quoting bits of legislation/ the LEASE website might make them jump to attention.

Would the executor(s) be interested in selling the freehold rather than deal with this? Would your fellow leaseholder be interested in purchasing a share of the freehold? This might end up quicker and easier than babying the widow through the process.

If you are at risk of losing your buyer consider getting the risk assessments done yourself, as others have suggested, and sucking up the cost.

If this gets any more messy and your conveyancing solicitor is not a specialist in leasehold matters you might consider switching.

HTH!

goathead

Wee update. Freeholders solicitor won't fill in an lpe1 as he says they don't have information to include. Freeholder holds no accounts for service charge and ground rent but there wouldn't be as there has never been a service charge and ground rent was reduced to peppercorn when we extended the lease. Probate application is on going so I'm told. I believe executors are the wife and sons. Our solicitor has asked the buyers solicitor how they would like to proceed in view of the situation. Hopefully they will still proceed.

goathead

Just thought I would update. We exchanged today so finally getting well on with it. Due to complete early Sept. We had a couple of snags along the way. Buyer wasn't happy with the insurance arrangements (we buy our own buildings, whereas the downstairs flat has theirs organised by the managing agent; we no longer have a managing agent since extending the lease). That required an indemnity, we couldn't particularly see the issue but took a pragmatic stance to get things moving on.


Completion dates also proved a sticky point but negotiated to everyone's satisfaction. Estate agent have been very good, our solicitors less impressive.


Thanks to all the advice on the various threads on here, very useful. Next job to put our stuff in storage, temporarily move in with the olds, find new jobs, and carry on the seemingly endless search for a new home amidst Boris and Brexit.