Help with purchasing a leasehold flat, practically freehold. No responses on LPE1 form

eddddy

vtochevska said:

The EA has spoken to the other flat's owner who has confirmed everything is shared between both flats - roof, outside walls, foundations etc, 

That's good - but it in legal terms, it's worthless. It's the lease that specifies what each leaseholder is responsible for, not the other flat owner.

You need to ask your solicitor to read the lease and tell you what you are responsible for.

But perhaps it indicates that the other flat owner is prepared to pay 50% of any bills, which is good.

vtochevska said:

 and has provided her insurance policy

That's great.  As long as she didn't fib in her application to make the insurance invalid, and as long as she renews it (or you replace it with a joint policy.)

vtochevska said:

... and have asked for the vendor to edit some of her replies to "aware" or "not aware" based on some of this new information from the neighbour.  

Why? What legal protection will that give you?

To be blunt... in what situation do you think you'll be able to sue the seller more effectively if they write "aware" and/or "not aware"?

Also, are you making these pre-contract enquiries through your solicitor? If not, the replies don't form part of the contract, so they offer no legal protection whatsoever.

vtochevska

You need to ask your solicitor to read the lease and tell you what you are responsible for.

Why? What legal protection will that give you?

To be blunt... in what situation do you think you'll be able to sue the seller more effectively if they write "aware" and/or "not aware"?

Also, are you making these pre-contract enquiries through your solicitor? If not, the replies don't form part of the contract, so they offer no legal protection whatsoever.

Thanks @eddddy! 
We did go through the lease and it states jointly with the other tenants, so it's pretty much 50/50 and she has confirmed they split everything, but I have asked for this to come in writing from the vendor through her solicitor. 

I guess @yksy's previous experience and suggestion on the wording did make sense. If she states she's not aware of something and then I find out she was aware then I will have legal grounds to say this wasn't disclosed? I'm not intending to insist on these too much but given I am taking risk here it seemed like it's worth asking for this before completion. 

eddddy

vtochevska said:

We did go through the lease and it states jointly with the other tenants, so it's pretty much 50/50 and she has confirmed they split everything, but I have asked for this to come in writing from the vendor through her solicitor. 

What exactly have you asked to be confirmed?..

If your question along the lines of...

• "Does the lease require repair bills to be split 50/50?"

It's unlikely to get a helpful answer. The answer is likely be "read the lease, and take your solicitors advice"


But perhaps the following types of question might be useful...

• Have any disputes arisen in the past between leaseholders about what repairs are required, and/or paying contributions for those repairs?
• Has the seller been in communication with the other leaseholder about any specific future repairs required to the property?

(Essentially to find out if you'll have fights with the neighbour ahead.)

But as with all other questions, the seller doesn't have to answer them.

And it depends what the "aware" / "not aware" questions are - I thought you might meant asking if the seller was aware of the terms of the lease (like splitting costs 50/50).

 

vtochevska

Thanks for your input @eddddy, I really appreciate you thinking with me on this! 
I am most interested in the below enquiries, from my first post:

Are there any shared assets within the boundary, who has access to them, manholes, private sewers etc
- No problem with the drains.

Please confirm how the property has been maintained and if there are any section 20 works due to be carried out now or in the future.

- Paid by owner

Please confirm the date when the Managed Areas were last decorated, internally and externally.

- No managed areas  (this is clearly wrong)

Please confirm with (the managing agent's solicitor) if all maisonettes are leased on leases with similar terms to ours.

- You have their contact details and obtained the pack therefore please contact them directly.

With regard to your letter attached to the replies to the LPE1, please confirm if the seller has been repairing and maintaining the property in conjunction with the neighbour.

- Our client is selling with limited title and has never lived at the property therefore cannot answer this question. Please rely on your own surveys and inspections

Please confirm whether your client is aware of any planned, unbilled or pending major works

- Our client is selling with limited title and has never lived at the property therefore cannot answer this question. Please rely on your own surveys and inspections

Please confirm whether your client is aware of any breaches of covenant (tenant, landlord or third party).

- Our client is selling with limited title and has never lived at the property therefore cannot answer this question. Please rely on your own surveys and inspections