Incorrect LPE1 form, Solicitor blames freeholder

bouicca21

If it is a question of interpreting the lease, why not seek the advice of the Leasehold Advisory Service?

Mildreds_Earrings

eddddy said:

OK - so I'll have another go at trying to interpret what you're saying.

• You agree that your conveyancing solicitor did nothing wrong

• But you are now in a dispute with other parties about the meaning of your lease (and perhaps the meaning of 2 other leases)

So you want to ask a solicitor for legal advice about the meaning of your lease (in the form of a report) - and presumably you'll pay for that legal advice. You could ask your original conveyancing solicitor for advice, or any other property solicitor.

(But don't necessarily expect the other parties to take notice of the legal advice that your solicitor gives to you.)




But... Why are you 'arguing' with the other leaseholders about this? Normally, your dispute would be with the freeholder - because your lease is a contract between you and the freeholder.

Is there something specific in the lease that means you are responsible for resolving this with the other leaseholders?

I agree with the legal advice that the freeholders Solicitors gave, so two of us agree that the lease has been interpreted correctly. It's the third party who is refusing to budge and will continue to do so unless I can produce a document from my Solicitor advising the same. 

Mildreds_Earrings

user1977 said:

Mildreds_Earrings said:

eddddy said:

So what outcome are you looking for? You haven't explained.

For example, as a wild guess... Is it that there are still things in your lease that you don't understand, and you want your solicitor to write a report that explains the things you don't understand?

Or something else?

The outcome I requested from my conveyancing solicitor, is a new and correct property report now that I have been given the lease, to show to the two other parties, as how we interpret the lease is in dispute. 

Ok - but that's a new job, not part of the original transaction. So you should expect to pay for it.

OK, think I understand now.

Thanks to all for your advice 😊

eddddy

Mildreds_Earrings said:

I agree with the legal advice that the freeholders Solicitors gave, so two of us agree that the lease has been interpreted correctly. It's the third party who is refusing to budge and will continue to do so unless I can produce a document from my Solicitor advising the same. 

Why do you think that the 'third party' will change their mind, based on legal advice that your solicitor gives you?

Your solicitor's opinion won't be binding on the 'third party'.



Assuming you have typical leases, the more normal approach would be...

• The freeholder does a section 20 consultation

• The freeholder issues bills for the roof repairs to the leaseholders (including the 'third party') - based on the freeholder's interpretation of the lease

• If the 'third party' disagrees with the freeholder's interpretation of the lease (and therefore the amount of the bill), the 'third party' challenges the bill at tribunal

• The tribunal look at the lease - and decide who is right. (Their decision will be binding.)