Solicitor asking for Fire and Asbestos report.

finchy_2020

Hi all,

I’m in the process of selling my ground floor flat, it’s leasehold with share of freehold, other freeholder being the owner of upstairs which he rents out. The two flats have the same entrance, a tiny communal area, probably 1m x 1m.

When I purchased the flat it was an office converted into a 2 bedroom, and there was never any mention of needing a fire / asbestos assessment for the communal area, but now that I am selling, our buyers solicitor is demanding one and has said no matter how small the communal area is, we still need one (I know they are buying the flat to let it out, so I’m wondering if they’re trying to palm the cost of a report onto myself so they don’t have too).

We have a certificate from building control saying the flat meets all building regs and we have a new home warranty on the property, both don’t include fire or asbestos reports.

Because it’s a leasehold / share of freehold technically I am the landlord so do I need to have a report? If I do how much is it? Or is this something I can fill in myself and send off to them? 

Thanks in advance. 

davidmcn

I would be strongly suggesting to them that they should just take a view on it, irrespective of what the strict legal position is.

AdrianC

They can insist on whatever reports they wish. Perhaps it's their lender who is insisting.

You have a choice.
1. You can get one done
2. You can offer them access so they can get one done
3. You can try and persuade them they don't need one

A report on a 1m2 lobby (that's about the size of a telephone box...) shouldn't be terribly onerous.

anselld

Why are you trying to respond directly to demands from your buyers solicitor?  What has your own solicitor advised?

finchy_2020

anselld said:

Why are you trying to respond directly to demands from your buyers solicitor?  What has your own solicitor advised?

It was an enquiry sent from our buyers solicitor. Which we have since responded saying its perfectly fine to do a report ourselves and anything more in depth they can pay for, as its at least £400.