Checking lease covenants not broken

wksd

Hi all,

Selling a leasehold flat. The buyer's solicitor has asked for confirmation that our lease has not been broken. Our (dodgy - there's a million threads on them) management company said they cannot do this without an inspection, but they won't perform an inspection...

This confuses me as half of the covenants are around music being played, bringing big items in past 11pm, nuisance to neighbours etc. things they cannot check with an inspection.

Any advice?

davidmcn

Presumably they mean checking for unauthorised alterations and the state of repair? But your buyers should be able to figure that out for themselves. I wouldn't have thought the freeholders need say more than they haven't taken any action against you for breach of covenants.

wksd

Thanks David, but they won't even confirm that...

davidmcn

wksd wrote: »

Thanks David, but they won't even confirm that...

Doubt they're obliged to give answers in the form the buyers want. So just pass on the best you can and see what they think.

Obviously if the neighbours had a problem with e.g. you practising the trumpet at 3am, you're moving out anyway...

SmashedAvacado

the standard reply is that you are not aware of any breach and have not received notice of any breach.

That would be enough for nearly every lawyer on the planet. Let's hope you havent found the exception.

nicmyles

Are the freeholders just refusing to do this or do you get the sense they would do so for a bribe, sorry *fee*?

wksd

nicmyles wrote: »

Are the freeholders just refusing to do this or do you get the sense they would do so for a bribe, sorry *fee*?

I'm thinking they want a fee...the buyer's solicitor has asked for the management to confirm, the management responded 'not without an inspection' but are not going to do an inspection. Well, without money anyway.

The management company have ignored my emails on it...!

They already are making us pay again for a deed of covenant (£200) despite never sending the first one, but because that sale fell through they're saying it doesn't matter. My lawyer is demanding the fee is returned.

SmashedAvacado

The freeholders can't and won't give that confirmation and getting it from them is not what you are being asked for. This is something for you to confirm to the best of your knowledge.

wksd

SmashedAvacado wrote: »

The freeholders can't and won't give that confirmation and getting it from them is not what you are being asked for. This is something for you to confirm to the best of your knowledge.

Sorry this isn't correct. The solicitor has specifically asked for the management company to confirm that no lease covenants were broken and sent it in the LPE1 form or whatever it's called.

G_M

wksd wrote: »

Sorry this isn't correct. The solicitor has specifically asked for the management company to confirm that no lease covenants were broken and sent it in the LPE1 form or whatever it's called.

Correct. The buyer will want the freeholder's confirmation (or their Manco).


Q 6.4 of form LPE1 asks:

6.4 Are you aware of any breach of the terms of the lease of this Property? Yes / No

eddddy

G_M wrote: »

Correct. The buyer will want the freeholder's confirmation (or their Manco).


Q 6.4 of

6.4 Are you aware of any breach of the terms of the lease of this Property? Yes / No

form LPE1 asks:

But they don't need to inspect to answer that question.

• The question isn't "Are any terms of the lease being breached?"

• The question is "Are you aware of any breach of the terms of the lease?"

So I suspect the answer would be "No [we are not aware of any breach of the terms of the lease]"

And if the manco is really paranoid, they could add "but we haven't inspected the property."