Management company not responding to solicitors questions

beencheated

We are in the process of trying to sell my uncles probate flat in a desirable part of london. Firstly it has taken 2 1/2 years to get to this point with no disputes and the flat is not even sold. We have been told that the management company refuse point blank to answer any pre sale questions. The solicitors keep coming back saying they are doing everything possible and every time we give a deadline to pull out and find a new buyer they ignore us and say it is almost done and that the next buyer will encounter the same problem so no point pulling out. It is a substantial amount of money divided by four of us.  I have become clinically depressed about the whole thing and struggle every day now. The main beneficiary is 95 years old and will spend her last years convinced she has been ripped off and she says she is depressed also. The money would have changed my life as I'm on minimum wage and struggle.

Would an indemnity clause/policy be a solution or a  forced sale at auction ? Should they not know this ? 
Please help us.

eddddy

Do you mean that management company is refusing to provide any kind of management pack. Have you asked the management company directly (not via solicitors) why they are refusing to?

Or is it specific (non-standard) questions that they are refusing to answer?

Could it be as simple as a question of fees - i.e. the management company won't spend time answering questions unless you pay them for their time and effort first (or perhaps even agree to pay them a 'premium' fee)?

Maybe you, or a friend/relative, need to get a bit more involved and find out exactly what the questions are, find out why the management company won't answer them, and maybe try to negotiate a deal with the management company.

And/or if it's questions about things like whether service charges are paid up to date, you might be able to satisfy the buyer by providing past statements, offerring a large retention etc.


Edit to add...
Also, are you using a 'proper' conveyancing solicitor who would be dealing sensibly with the management company, or a cheap online conveyancing firm who might just be passing daft questions on to the management company.

parcival

I just sold my mothers probate flat. The Management company provided the pack via a form called the LPE1 but only after payment was made for it (£175, not sure if this is standard fee?)

beencheated

Thanks for your reply,
The management company will not provide plans (building improvements)  they have  for the next 5 years. This is what it is stuck on. They also said they will not be asking any other questions.
I thought it was a definite no no to approach the management company once solicitors are involved. Nothing to lose I guess, so will ring them after Christmas.

eddddy

beencheated said:

I thought it was a definite no no to approach the management company once solicitors are involved. Nothing to lose I guess, so will ring them after Christmas.

That's absolutely not the case.

The Management Company is the landlord's (or freeholder's) agent. You represent the tenant (or leaseholder).

It is absolutely fine for a tenant to contact their landlord (i.e. for a leaseholder's representative to contact the freeholder's agent.)

And the landlord has a legal duty to act reasonably - although that can be hard to enforce.

eddddy

...and just to clarify - does the management company have a 5 year maintenance plan?  (I assume you mean 'maintenance' and not 'improvement'.)

Or is the seller asking for something that doesn't exist?

And if so, why hasn't your solicitor advised replying by saying no plan is available?

AskAsk

beencheated said:

Thanks for your reply,
The management company will not provide plans (building improvements)  they have  for the next 5 years. This is what it is stuck on. They also said they will not be asking any other questions.
I thought it was a definite no no to approach the management company once solicitors are involved. Nothing to lose I guess, so will ring them after Christmas.

as someone had already said, you can contact the management company directly and hear it from the horse's mouth so to speak.  often you will need to pay them to provide information, they don't do it for free.

the planned works for the next 5 years may be that they haven't yet considered that and so a statement to such should be fine, but may put the buyer off as they worry that they have no idea what is in store.

but yes, speak to the management company directly as this will be faster than your solicitors doing it as they are busy and have other clients to deal with.

Thrugelmir

Is there a sinking fund in place?  Does the building require major works? 

Something appears to be concerning buyers. 

SDLT_Geek

Is it a flat in a building over 18m tall and they are worried about the cost of fire safety measures!

NameUnavailable

beencheated said:

We are in the process of trying to sell my uncles probate flat in a desirable part of london. Firstly it has taken 2 1/2 years to get to this point with no disputes and the flat is not even sold. We have been told that the management company refuse point blank to answer any pre sale questions. The solicitors keep coming back saying they are doing everything possible and every time we give a deadline to pull out and find a new buyer they ignore us and say it is almost done and that the next buyer will encounter the same problem so no point pulling out. It is a substantial amount of money divided by four of us.  I have become clinically depressed about the whole thing and struggle every day now. The main beneficiary is 95 years old and will spend her last years convinced she has been ripped off and she says she is depressed also. The money would have changed my life as I'm on minimum wage and struggle.

Would an indemnity clause/policy be a solution or a  forced sale at auction ? Should they not know this ? 
Please help us.

I wonder if there is some information missing here? Why has it taken over 2 years and what are the disputes ? (was this previous disputes that are now resolved?).

The management company should provide a relatively standard pack of information (which you have to pay for) telling the solicitors about the service charges, ground rent etc., and confirming if there are any planned major works coming up.

Are you saying they are refusing to provide ANY information regardless of charges? If so, speak to the freeholder and tell them what a xxxx management company they're using.

More information about what exactly is the problem will help. And yes, of course you can speak to the management company!