Retention money returned to us is being recalled

Newo

Hello. I need a bit of advice Google searches have not provided enough clarity.
In short. We sold our leasehold flat in 2015 with a retention clause for post maintenance works.
Happily forgot all about this until on Christmas 2 years later our solicitor gave us a lovely letter stating that we were entitled to our money back together with a cheque.
Now 18 months later we have a letter again from said solicitor asking for us to now pay for the maintenance charges...
I'm concerned that someone is trying to wriggle out of a mistake and force us to pay.
If the solicitor retued the money is this now their problem for acting?
No time was stated in the retention clause... Is there a standard validity period?
The retention was for something other than what's being claimed?

Hope you can help

davidmcn

I don't think we can answer without seeing what was agreed in your contract and knowing why there's been a demand for money four years after completion. The fact the retention was returned to you doesn't necessarily mean you're not liable for the costs in question.

G_M

We'd need to read the retention clause.


What was the money retained for?
What is it now being claimed it is neded for?
Was there really no timeframe in the clause?

[Deleted User]

Your posts isn't very clear, but if a mistake has been made, if can be rectified.

It won't be a case anyone wriggling.

What were the exact circumstances?

Newo

Thanks for the reply. I'm having a friend dig through our paperwork from storage as I left the uk 3 years ago.
I'll update with what the contract states plus the letter with the returned money

stator

If there were charges due for the period you were living there, you are liable to pay them.
The retention is to try and stop you wriggling out of your responsibilities and for the buyer's peace of mind.

Whether the retention was mistakenly released or not, isn't that important.
What matters is whether you owe the money or not

Newo

No works were completed during my occupancy.
Post maintenance works began to be discussed as we were selling and a schedule of works created with a forecast figure.

We paid the sum and forgot all about it, I would not be asking any of this if the firm hadn't returned this following such a period of time

I'll get the wording from the contract to help.

eddddy

Newo wrote: »

I'll get the wording from the contract to help.

So is your solicitor saying that, in his/her legal opinion, you owe this money?

Or has your solicitor simply passed on a message from the buyer, asking for this money?

If your solicitor hasn't given an opinion, I would ask for it.

(I would be tempted to rely more on my solicitor's opinion of the contract, rather than reading the contract myself, and trying to form my own opinion.)

Newo

The solicitor who we were working with has since left and this new one has simply forwarded the message to us.
We have a terrible time with this firm.

eddddy

Newo wrote: »

The solicitor who we were working with has since left and this new one has simply forwarded the message to us.
We have a terrible time with this firm.

So this could well just be a misguided 'punt' by the buyers.

In your position, I wouldn't go to too much inconvenience to resolve this.

Maybe ignore this first letter. If the buyers persist, maybe say something like

"If you believe that this payment is due under the terms of the contract, please provide a copy of the contract and a statement explaining which specific terms you are relying on. Please also provide relevant copies of service charge demands and statements to support your claim."