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Freeholder/management company won't respond

Hi,

My husband and I are in the process of selling his leasehold flat, we have a buyer who is an investor who needs/wants to complete the sale by June 31st to meet the stamp duty holiday. We found the property (chain free) we want to move in into during January so are quite ahead in the process of the conveying process compared to the sale, (2 FTB dropped out since Jan) so we believe that June is not an unachievable goal. However, the management company is not responding to requests for the management pack we only emailed last week and the solicitors chased up Tuesday so perhaps I am getting ahead of myself but I am worried that they will not respond at all and the sale will not be able to go ahead. We have had an email exchange with the management company regard issues in the communal area in the last month so know they are active and do check their emails and respond in 48hrs. 
A few of questions
  1. How long does it typically take for a management company to respond to these requests? 
  2. If for whatever reason they may refuse to give a management pack is there anything we can do or are we stuck here until we get a copy?
  3. We have all the paperwork from the original pack received the purchase of the flat but this does not include any breakdown of upcoming work nor our account balance. Would this be an acceptable alternative?
  4. Is there anything we can do to help get the pack? 
  5. I have found contact details for one of the freeholders/ CEO of the management company online would it be acceptable to contact him directly? 
Thank you for reading. 

Comments

  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    1. There is no typical, but often measured in weeks not days.
    2. There is no legal obligation to give a management pack. The 'problem' is that the conveyancing industry has firmly settled on a best practice format for leasehold/freehold information (LPE1 form or equivalent information in a pack), but legislation has not kept pace. Changes are being considered to compel it and regulate fees, but who knows when that will be enacted.
    3. Most of the information in management pack you are entitled to through other documents (e.g. past service charge demands). Technically a buyer does not need all the information in a management pack to buy. However, many will be very wary about buying without it - that's partly because some questions about future plans will have gone unanswered, but more so because it indicates an uncooperative freeholder.
    4. Typically it comes down to money. Most freeholders will agree to produce a pack because they can demand an unregulated fee for it. This is the cold comfort regarding your worries - you'll have to pony up some cash, but chances are they will want to supply one.
    5. Yes, if the delay is unacceptable. However, you should follow up with staff first.
  • NameUnavailable
    NameUnavailable Posts: 3,030 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    As above there is no obligation for the management company or freeholder to respond to any requests for managment packs, and they can therefore effectively block a leaseholder from being able to sell. Crazy situation but that's the reality of it.
    Most oblige because they earn cash from doing so and most are hopefully reasonable people who don't want to stuff up other people's lives.
    Unfortunately I have experience of the uncooperative sort and had to sell at auction to a cash buyer who was less bothered about getting every last detail.
  • cbheyes
    cbheyes Posts: 5 Forumite
    First Post
    Thank you both!! 
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