Leasehold management company stock transfer - seller not responding

rh79

Hi - last year I purchased a leasehold property and post-completion the management company is requiring the original Deed of Covenant, Stock Transfer Form and surrendered Share Certificate/Letter of Indemnity from my solicitors. My understanding is that this is so that the share in the management company is signed over to me, my name is put on the lease and a compliance certificate can be obtained for the land registry. This cannot be obtained as now the seller's solicitor has not responded in several months/potentially is not under instruction any more or not prioritising it at least. 

I seem to be stuck as the management company are saying there is no way to work around this short of receiving the documents. I am confused as to how the process can be held up like this and had a few questions if anyone is able to help please:

• Is there no legal obligation on the seller to provide this documentation post-completion? If not and he still holds it then presumably responsibility for service charges etc still rests with him/her?
• Is there not any way that a management company should be able to draw some of this paperwork up again and perhaps some insurance be taken out against the original owner coming back. If there is no legal requirement to sign it over then I don't understand how they can insist on it being done, even if the process is costly to redo.

My solicitor is continuing to chase the documents but I can't see that we will get a reply at this stage and it seems well over any reasonable time limit (almost 6 months). 

Many thanks to anyone who takes the time to read this and might have any advice, I'm feeling extremely frustrated and in a vulnerable position here.

davidmcn

If the seller's solicitor is no longer instructed then your solicitor (or you) can correspond directly with the seller - if you know where they now are.

rh79

Thanks for the reply - we don't have a forwarding address but I feel it would be possible to track the seller down if needs be. I am not sure how cooperative they would be and how much they would consider it in their interests to do anything about it at this stage. Which is what confuses me as, surely, holding this puts some responsibility of ownership on them that they would want rid of (?). It feels to me as if they are allowed to just sit on it with no comeback based on what i am hearing so far. I should add that I don't know if the solicitor is not under instruction I'm just making a guess (as we haven't had a response).

BernieW

The answer will be in the lease ... and the Memorandum & Articles of Association of the company. If you email them to me, I'd be happy to read through and provide the correct course of action. No charge.