When

fleur8

Freeholder

AskAsk

this has been posted before?  you said in that post that the co freeholder is a solicitor, but now she isn't a solicitor anymore??

https://forums.moneysavingexpert.com/discussion/6222128/waiting-on-lpe1-can-this-delay-the-sale#latest

AskAsk

fleur8 said:

AskAsk said:

this has been posted before?  you said in that post that the co freeholder is a solicitor, but now she isn't a solicitor anymore??

https://forums.moneysavingexpert.com/discussion/6222128/waiting-on-lpe1-can-this-delay-the-sale#latest

Exactly. We were told that she’s a solicitor and has filled in all the forms. Yesterday we were told that she’s actually hired an independent solicitor who is reviewing the forms. Different story every day. 

i did think it was a bit of a co-incidence that the other freeholder just happen to be a solicitor.  it is a very complicated form and it asks for an asessment of future works.  the person signing the form really do need to know what they are doing as it is pretty onerous since they will held accountable if it is wrong.  you should print the form out yourself and see what i mean.  it will make more sense.

it looks like there is a problem but they are not telling you what it is as they are looking to resolve it before sending the form over.  how long has it been now since your solicitor has requested the LPE1 form?

anselld

@fleur8 This is at least your third recent thread on co-freeholder/lease issues.  It would help to know if they all relate to the same property and if so it would help to keep to one thread since the issues may all be related to the same fundamental problem.

AskAsk

fleur8 said:

AskAsk said:

fleur8 said:

AskAsk said:

this has been posted before?  you said in that post that the co freeholder is a solicitor, but now she isn't a solicitor anymore??

https://forums.moneysavingexpert.com/discussion/6222128/waiting-on-lpe1-can-this-delay-the-sale#latest

Exactly. We were told that she’s a solicitor and has filled in all the forms. Yesterday we were told that she’s actually hired an independent solicitor who is reviewing the forms. Different story every day. 

i did think it was a bit of a co-incidence that the other freeholder just happen to be a solicitor.  it is a very complicated form and it asks for an asessment of future works.  the person signing the form really do need to know what they are doing as it is pretty onerous since they will held accountable if it is wrong.  you should print the form out yourself and see what i mean.  it will make more sense.

it looks like there is a problem but they are not telling you what it is as they are looking to resolve it before sending the form over.  how long has it been now since your solicitor has requested the LPE1 form?

My solicitor requested it on October 15th. I think you’re right and it’s  not in their interest to tell me the problem. 

what you could do is to give a deadline.  if 3 months after the request and it is still outstanding, then you are pulling out.  i find this is the only way to get things resolved sometimes as otherwise they will just drag on.

it may not be the seller's fault but the co freeholder being diffcult.  problems may also have come out of the woodwork as the freehold may not have been managed correctly and there are problems, which they are trying to resolve.  they wouldn't pretend it was forthcoming unless they believe that they can resolve the problems, so give them a deadline and then make a decision if they miss the deadline, like walking away.

GDB2222

I’m quite surprised that a freeholder has any obligation to complete these forms at all? It is one thing to do that for a large block, where everything is organised professionally, but for a 2 flat property where there are just two people involved it could be quite an issue just to locate the information.  Who pays for this work to be done - the sellers?

HampshireH

fleur8 said:

I have edited my post with a new one

Very confusing.

Usually when people mean stick to one thread the OP would add a post with the update. Just read the post and the comments and it didn't make any sense at all.

Emotionally it's part of house buying. It's the sort of thing you just have to get on with as tough as that sounds.

AskAsk

GDB2222 said:

I’m quite surprised that a freeholder has any obligation to complete these forms at all? It is one thing to do that for a large block, where everything is organised professionally, but for a 2 flat property where there are just two people involved it could be quite an issue just to locate the information.  Who pays for this work to be done - the sellers?

the normal process is to set up a limited company to run the freehold, or a management company.  the directors of the limited company or the management company would be responsible for completing the LPE1 form.  i don't know what the recourse is if they refuse to do so to jeopordise the sale.

i guess there will be a legal means of enforcing the completion / release of relevant information with regard to the freehold, but this would be long and lengthy and would most likely jeopordise the sale.

NameUnavailable

AskAsk said:

GDB2222 said:

I’m quite surprised that a freeholder has any obligation to complete these forms at all? It is one thing to do that for a large block, where everything is organised professionally, but for a 2 flat property where there are just two people involved it could be quite an issue just to locate the information.  Who pays for this work to be done - the sellers?

the normal process is to set up a limited company to run the freehold, or a management company.  the directors of the limited company or the management company would be responsible for completing the LPE1 form.  i don't know what the recourse is if they refuse to do so to jeopordise the sale.

i guess there will be a legal means of enforcing the completion / release of relevant information with regard to the freehold, but this would be long and lengthy and would most likely jeopordise the sale.

There's no legal obligation to provide the information, by a freeholder or management company.

The only thing a seller can do in that case is to provide as much information as they have (past service charge accounts etc). but of course any solicitor would advise the purchaser against getting involved in a leasehold property with a difficult landlord, so catch 22.

To the OP, you are best walking away from what are big red flags of problems down the line.

anselld

fleur8 said:

HampshireH said:

fleur8 said:

I have edited my post with a new one

Very confusing.

Usually when people mean stick to one thread the OP would add a post with the update. Just read the post and the comments and it didn't make any sense at all.

Emotionally it's part of house buying. It's the sort of thing you just have to get on with as tough as that sounds.

“ keep to one thread since the issues may all be related to the same fundamental problem”

This is related to the same fundamental so I’m keeping to the thread

Deliberately obtuse, more like.