My solicitor and freeholder's solicitor disagreement slowing sale down - Who is right?

Mekerz86

I'm in the unfortunate position where our seller's are threatening to pull out of the chain if we don't exchange and complete this month.

What's slowing this down is the sale of my leasehold flat, more specifically, it appears our solicitor and the freeholder's solicitor aren't in agreement on some documents that are required. I'm confused as to who is right, or wrong and wondered if someone on here can shed any light?

My solicitor is saying two management packs are required. One being the management pack from the management company (I paid for this 6th September), the other being a landlord/freeholder pack. According to my solicitor this is because I pay my service charge to the management company, and I pay the freeholder directly for the ground rent.

It appears the freeholder's solicitor doesn't think a second management pack in required. I've personally only ever heard of needing a management pack.

Who is right? As mentioned, I'm not flush with enough time for the solicitors to be going back and fourth on this but I don't know enough about this to get involved and tell X or Y is wrong.

Hoenir

Are you purchasing with a mortgage? Remember your solicitor also works for the lender. For which you are covering the fee costs incurred. 

theoretica

What does the buyer's solicitor want?

propertyrental

Mekerz86 said:

What's slowing this down is the sale of my leasehold flat, more specifically, it appears our solicitor and the freeholder's solicitor aren't in agreement on some documents that are required. I'm confused as to who is right, or wrong and wondered if someone on here can shed any light?

My solicitor is saying two management packs are required. One being the management pack from the management company (I paid for this 6th September), the other being a landlord/freeholder pack. According to my solicitor this is because I pay my service charge to the management company, and I pay the freeholder directly for the ground rent.

It appears the freeholder's solicitor doesn't think a second management pack in required. I've personally only ever heard of needing a management pack.

Why does it matter? What matters is what your buyer's solicitor wants. As long as he is satisfied, you can sell.

Mekerz86

propertyrental said:

Mekerz86 said:

What's slowing this down is the sale of my leasehold flat, more specifically, it appears our solicitor and the freeholder's solicitor aren't in agreement on some documents that are required. I'm confused as to who is right, or wrong and wondered if someone on here can shed any light?

My solicitor is saying two management packs are required. One being the management pack from the management company (I paid for this 6th September), the other being a landlord/freeholder pack. According to my solicitor this is because I pay my service charge to the management company, and I pay the freeholder directly for the ground rent.

It appears the freeholder's solicitor doesn't think a second management pack in required. I've personally only ever heard of needing a management pack.

Why does it matter? What matters is what your buyer's solicitor wants. As long as he is satisfied, you can sell.

I'm not sure why you're being obtuse for, it matters because it's slowing down the exchange and putting my chain at risk which obviously impacts my buyer because they'll lose their purchase.

1) I'm trying to ascertain if this landlord pack even exists. Googling I can't find anything about a landlord pack or freeholder pack. I get results for a freehold pack which isn't applicable here, that seems to be more about freehold properties that may pay towards up keep of shared paths, play areas etc. Or I get results for landlord packs that are more about checklists for private tenancy rentals.

2) If the buyer's solicitor wants something that doesn't even exist, as per above, then it's putting things in limbo whilst the two bone head solicitors continue to go back and fourth between emails (which often have days between replies), rather than picking up the phone.

If you're not familiar with what I'm asking for, please kindly refrain from adding nothing of value such as telling me something that is obvious: that the request initially came from my buyer's solicitor. I'm aware this was one of their queries and not something my solicitor decided to randomly start asking for.

propertyrental

Mekerz86 said:

propertyrental said:

Mekerz86 said:

What's slowing this down is the sale of my leasehold flat, more specifically, it appears our solicitor and the freeholder's solicitor aren't in agreement on some documents that are required. I'm confused as to who is right, or wrong and wondered if someone on here can shed any light?

My solicitor is saying two management packs are required. One being the management pack from the management company (I paid for this 6th September), the other being a landlord/freeholder pack. According to my solicitor this is because I pay my service charge to the management company, and I pay the freeholder directly for the ground rent.

It appears the freeholder's solicitor doesn't think a second management pack in required. I've personally only ever heard of needing a management pack.

Why does it matter? What matters is what your buyer's solicitor wants. As long as he is satisfied, you can sell.

I'm not sure why you're being obtuse for, 
Not being obtuse, just trying to clarify the alleged issue.

2) If the buyer's solicitor wants something that doesn't even exist, as per above, then it's putting things in limbo 

Exactly! Hence my question. Your OP mentioned your solicitor, and the freeholder's solicitor. No mention of the buyer or their solicitor.

What matters here is what the buyer (via their solicitor) is saying they require.

But 'management packs' are simply a convenient way for sellers and their freeholders/agents/etc to respond to questions ('Enquiries') the buyer asks. The respondent (freeholder etc) may not have a MP as such, but may simply answer each question individually.

So..... what questions does your buyer want answered, or what information does he want?

Tiglet2

Two management packs are usually requested by a buyer's solicitor, if service charges and ground rent are paid to two different parties.

If the buyer's solicitor insists on having the second pack, you will need to agree to pay the fee, because it is unlikely they will proceed without it.

Tiglet2

Just to add:

It doesn't need to be "a pack" as such, merely that the buyer's solicitor needs to liaise with the agent/freeholder who collects the ground rent.  It may just be some enquiries about the ground rent, but agents/freeholders don't give out this information usually without charging a fee for it.

chalky_white_2

An organisation that only collects ground rent (and possibly insured the building) usually would not produce a ‘pack’ but will confirm information relevant to the Buyer. Typically, this would be (1) the current level of rent (2) confirmation the rent is paid up, or the arrears (3) and post-completion compliance and associated fees (such as notice of who the new owner is) and (if relevant) (4) a copy of the buildings insurance.

Olinda99

I had exactly the same problem selling my flat and it went on for weeks

firstport were the agent collecting both the ground rent and service charge for the flat

the end it turned out that there were not two management packs but only one and they were combined in that the ground rent details were in along with the service charge details

are you with firstport ?

penners324

The management company works for the leasehold owners, so 1 pack from and 1 pack from the freeholder or their management agent.

If you're paying service fees and rent then 2 different packs required