Deed of Covenant, Freeholder's Obligations & Registry Update Timings

ADAVIDH

I'm in the final stages of selling a leasehold property.  I've had many issues along the way and extensive delays.  I now have two outstanding issues:

1. There was an issue with the numbering where the property was 2 in some documents and 2a in others.  It has now been agreed 2a is the correct one and the solicitor advised he updated the Land Registry portal with the change 2 weeks ago.  This needs to be officially confirmed before the sale can be completed.  Does anyone know how long this may take? 
2. The buyer's solicitors are waiting for confirmation from my solicitor if a deed of convenant is required.  My solicitor has contacted the freeholder's solicitor multiple times about this but has yet to receive a reply.  What, if anything, can be done to expedite this?  My solicitor says he is chasing which I think just means he sends yet another email. 

Thanks in advance

eddddy

You should contact your freeholder and ask if they've received the request from your solicitor - and ask when they'll respond - and generally encourage them to get moving.

It might help you track things down if you know the email address that your solicitor sent the request to, the date(s) - and maybe even a copy of the email(s), so you know exactly what's been asked for.

For example, the request and reminders might be in the email inbox of somebody who's been on holiday for a couple of weeks. 

ADAVIDH

eddddy said:

You should contact your freeholder and ask if they've received the request from your solicitor - and ask when they'll respond - and generally encourage them to get moving.

It might help you track things down if you know the email address that your solicitor sent the request to, the date(s) - and maybe even a copy of the email(s), so you know exactly what's been asked for.

For example, the request and reminders might be in the email inbox of somebody who's been on holiday for a couple of weeks. 

Thanks.  I can only contact the Freeholder by WhatsApp and he didn't reply to my last message so not pinning much hope on that.  I think the contact I have is not actually the Freeholder either but a representative.  I was hoping that some sort of ultimatum could be given to the Freeholder's solicitor to say if we don't hear by a certain date, then we are assuming a Deed of Covenant is not required.  Otherwise it just seems like it's all down to the Freeholder and if he can be bothered to instruct his solicitor (we have paid the freeholder's solicitor).

eddddy

The freeholders contact details should be on every ground rent bill and every service charge bill.

No you probably can't give an ultimatum.

Presumably, the issue is that your lease says a Deed of Covenant is required - and your solicitor is asking your freeholder if they'll make life easier and waive this requirement. i.e. tell you not to bother doing it.

So if the freeholder doesn't reply agreeing to waive that requirement - you'll have to do the Deed of Covenant, if the lease says you must.


(Not all leases say that a Deed of Covenant is required - but if your solicitor is asking about it, I guess your lease requires it.)


What type of person/company is your freeholder? Are they property professionals?

Or are they an amateur who might be overwhelmed by the questions that your solicitor is asking?

ADAVIDH

I simply don't know who the freeholder is other than a company name and address. They own at least 20 apartments across two buildings.  There's a contact but he often doesn't answer to messages and phone calls.  We pay the ground rent but there's no invoice issued (and it's not from the aforementioned person) as such although I now have a statement of accounts.  I suspect there's some interesting company structure in place.

I know it all sounds odd but it was my partner's place and not mine.   The service charge is from the management company but they claim they have the same contact details for the freeholder.  My only thought now is to dump my solicitor and use the freeholder's solicitor instead as they may be able to provide more details.  Sounds drastic but this sale is dragging on and I just want shot of the place!

TBG01

My solicitor says he is chasing which I think just means he sends yet another email. 

As apposed to what? Ringing? Oh wait....

There's a contact but he often doesn't answer to messages and phone calls.

So what that would also be a waste of your Solicitors time.

My only thought now is to dump my solicitor and use the freeholder's solicitor instead as they may be able to provide more details.

And start the whole process all over again? You can't just skip straight to the hold up being cause by the freeholder.

GoogleMeNow

If you are in the final stages of selling the property, didn't the freeholder/management company complete the form LPE1 in response to enquiries as part of the conveyancing process?  If so, what does it say about a Deed of Covenant?

eddddy

ADAVIDH said:

I simply don't know who the freeholder is other than a company name and address. They own at least 20 apartments across two buildings.  There's a contact but he often doesn't answer to messages and phone calls.  We pay the ground rent but there's no invoice issued (and it's not from the aforementioned person) as such although I now have a statement of accounts.  I suspect there's some interesting company structure in place.

I know it all sounds odd but it was my partner's place and not mine.   The service charge is from the management company but they claim they have the same contact details for the freeholder.  My only thought now is to dump my solicitor and use the freeholder's solicitor instead as they may be able to provide more details.  Sounds drastic but this sale is dragging on and I just want shot of the place!

Just to be crystal clear - does the lease say that a Deed of Covenant is required when the lease is sold?

i.e. Is your solicitor asking the freeholder (as a kind of favour) if they'll let you sell without a Deed of Covenant, to save you a bit of cash?

If so, if the freeholder doesn't reply, you'll have to do the Deed of Covenant.

(If the lease doesn't say a Deed of Covenant is required then you don't have to have one, and all this is a waste of time.)




There's lots more to be said in response to your post above - but maybe it's best not to get side tracked. (One point - using the same solicitor as the freeholder isn't possible, and wouldn't help.) 

ADAVIDH

This is a huge learning experience for me.  It's useful to know that I cannot use the same solicitor as the freeholder so thank you for that Eddddy. I am just trying to work out where the bottlenecks are so I can move things along.  It's not my solicitor asking about the Deed of Covenant but the buyer's solicitor.  I think I just have to wait while the three sets of solicitors sort it out.

ADAVIDH

TBG01 said:

My solicitor says he is chasing which I think just means he sends yet another email. 

As apposed to what? Ringing? Oh wait....

There's a contact but he often doesn't answer to messages and phone calls.

So what that would also be a waste of your Solicitors time.

My only thought now is to dump my solicitor and use the freeholder's solicitor instead as they may be able to provide more details.

And start the whole process all over again? You can't just skip straight to the hold up being cause by the freeholder.

Wow.  Not sure why you have bothered to reply with all those snarky comments.  It took me a while to understand your response as it's riddled with grammatical and spelling errors.  Maybe you should focus on improving your writing skills while I try to understand the legal process behind selling a leasehold property.