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Extra bill and solicitor's fees post purchase

GlynT
GlynT Posts: 3 Newbie
edited 3 November 2019 at 1:46PM in House buying, renting & selling
Hi,

If anyone can provide any advice on the below I'd really appreciate it!

Issue - The following were seemingly not paid to Landlord when purchasing leasehold property:
  • Ground Rent debt from previous owner
  • Ground rent administration charge
  • Notice of transfer fee
  • Solicitors fees relating to the above paid

The Landlord's solicitor is now asking for a significant sum of money which my solicitor has advised me to pay.

My solicitor says the omission is the Managing Agent’s fault. The managing agent is also a firm of solicitors and is of course effectively working for the Landlord

The managing agent does not accept responsibility and my solicitor says there is nothing we can do.

Who should I be holding responsible? It is definitely not my fault as I paid everything that I w as asked to, but as all the other parties are solicitors I am at a significant disadvantage and I now have a large bill to pay.

Any advice really appreciated.

Thanks,

Glyn

Comments

  • dimbo61
    dimbo61 Posts: 13,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Have you moved in the property ?
    Your solicitor is the best person to discuss this with
  • parkrunner
    parkrunner Posts: 2,610 Forumite
    Eighth Anniversary 1,000 Posts
    Surely they should be chasing the previous owner for the debt part of it.
    It's nothing , not nothink.
  • Your solicitor should have worked out what you owe and what the previous owner owes based on when you took ownership of the property, in conjunction with the management agent. There should be a written invoice from the management agent detailing this. Do not pay for any period where you weren't the leaseholder.
  • diggingdude
    diggingdude Posts: 2,501 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 3 November 2019 at 11:30PM
    Sounds like your solicitor mucked up
    An answer isn't spam just because you don't like it......
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    .Do not pay for any period where you weren't the leaseholder.
    The problem with this strategy is that the leaseholder is liable to the freeholder. The OP is the leaseholder. The freeholder can take legal action against the OP, and non payment will simply increase the legal and other fees claimed.


    • Ground Rent debt from previous owner yes - your solicitor should have ensured that ground rent was paid up to date before allowing you to Exchange, oralternatively should have adjusted the purchase price totake account of any ground rent owed. Take this upwith your solicitor, via their formal complaints process
    • Ground rent administration charge Not sure what this is but I assume it relates to non-payment and cost of chasing. Had the ground rent been sorted as above there would have been no admin charge. Proceed as above.
    • Notice of transfer fee This is paid by the buyer - your solicitor should have paid this on your behalf, so you owe this.
    • Solicitors fees relating to the above paid Do you mean relating to the transfer fee, or all the above? Had the ground rent debt been sorted by your solicitor there would have been no solicitors fees, so they are responsible.
    Follow your solicitor's complaints procedure. If that fails, escallate to the SRA.
  • Might you be able to pursue the person you bought the lease from for any arrears at the point you acquired the property?

    You should also ask your solicitor what (if anything) was obtained at the time of sale to confirm the position with regards to ground rent debt.

    The "notice of transfer fee" is usually payable by the buyer, I think.
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