Finally nearing completion but something else irritates me

Dannydee333

So put another way, the previous leaseholder (and not you) will owe the £2000 outstanding service charge, but your flat could be repossessed if it isn't paid.

So you're telling me MY flat could be repossessed because of someone else's debt?  How would that even be possible, when I'm the new owner with obligations to my own lender separate from anything the previous owner had in place?

Some of this stuff is utterly hilarious 🤭😄

In saying that, I'm sure that won't happen as my solicitor is making sure it's paid and I have to trust that the vendor will do the right thing.

eddddy

Dannydee333 said:

Some of this stuff is utterly hilarious 🤭😄

Some aspects of leasehold law and property law do seem weird when you dig into it.

But solicitors have been been buying and selling leasehold properties for decades (or longer), so they have developed watertight ways of protecting all the parties.

Most buyers/sellers have no idea about leasehold law (for example, The Landlord and Tenant (Covenants) Act 1995), but they don't need to know anything about it, because their solicitor deals with everything.

pinkshoes

Dannydee333 said:

So put another way, the previous leaseholder (and not you) will owe the £2000 outstanding service charge, but your flat could be repossessed if it isn't paid.

So you're telling me MY flat could be repossessed because of someone else's debt?  How would that even be possible, when I'm the new owner with obligations to my own lender separate from anything the previous owner had in place?

Some of this stuff is utterly hilarious 🤭😄

In saying that, I'm sure that won't happen as my solicitor is making sure it's paid and I have to trust that the vendor will do the right thing.

It's the school holidays - I'm starting to think this is a teenager troll as surely no one is that arrogant to laugh at sensible advice??

@Dannydee333 the debt will be for the property so if the previous owner doesn't clear it then it will become yours. Do not even contemplate exchanging until this debt is paid, unless you want to take it on yourself.

Ps - you come across as very arrogant and rude so perhaps that's why the sale is taking so long? 

YoungBlueEyes

I'm not sure this is a teenage troll, there's a lot of ignorant people in the world. 

Where I used to live we had man co charges. The couple across the road from me (middle aged, lived there a good while) never paid the charge because they'd never been sent a paper bill and didn't think anything about it. They only thought to look through their emails after I mentioned what a pain in the erse the manco were being about the paperwork when I was selling. They didn't believe me when i told them the (possible) outcomes from that.

She was a financial advisor and he a secondary school maths teacher. 

If you don't know, you don't know. 

Dannydee333

My first experience of the buying process has not been fun for the numerous reasons outlined previously. I'm sure I'm not the first person to express irritation at how stupidly long it is.

I wasn't laughing at the advice. I appreciate the advice given here. I was expressing amusement at the audacity of companies thinking that forcing someone to pay another person's bill is a completely normal and ethical thing to do. I don't care about whatever the legislation or "act" says, anyone who approves that statement being given to a non-guilty party and is happy to take money from a person who is not responsible for a bill like that has a revolting, immoral way of doing things.

I'm not trolling, and looking back I appreciate I may have come across as arrogant but it's not arrogance, what it really is, is frustration. Yes, it's only my first time but there is so much of this process that has irritated me and I guess I've ended up venting at times.

We want to complete this week, so I hope that payment doesn't cause any more delays because if I don't have the keys in my hand by the 19th I will lose out on £6,000 from a working arrangement coming up at the end of April that I will be unable to fulfil. 

Everyone has been made aware that I want the keys by the 19th and is aware of my pressing timeframe. So, if I was potentially going to lose that £6,000 because of a delay in that bill being paid, I would withdraw from the purchase on a matter of principle.

I could postpone and earn the 6k but then we would have to complete it in May. However, being forced to wait longer because of an outstanding debt will put me off.

Poquito

@Dannydee333 you are saying you would potentially pull out of the sale if a delay is caused due to this bill… on principle. Sounds like you are cutting off your nose to spite your face! You’ve just finished complaining about the duration of the process so how would this help you. You appear to be channeling your energy focusing on the negative aspects of homebuying. How is this helpful to you? Why not focus, as many have expressed on here, on ensuring that the outstanding monies are paid to the management company via your solicitor. 

I’m no expert and have recently helped my daughter through the conveyancing process. If you do a bit of research and listen to those on here who have way more experience, it makes the process so much easier. 

Arguing the ‘logical’ point of the bill not being in your name without maybe understanding some of the complexities around leases and what can and can’t be done is not helpful to yourself. Reiterating how ridiculous it is doesn’t make it unenforceable. 

FlyMeSomewhere79

I'm glad you are nearly there now Dannydee, I totally get the frustration and I'm glad my house buying and selling is now over.

Definitely try and hang in there though because it's problem you've got now is that in the last month or two the housing market has suddenly kick started again and a lot of property has sold so not only might you struggle to find an alternative but the process could be really long because everybody suddenly has more caseloads to deal with than before.

Dannydee333

Poquito said:

@Dannydee333 you are saying you would potentially pull out of the sale if a delay is caused due to this bill… on principle. Sounds like you are cutting off your nose to spite your face! You’ve just finished complaining about the duration of the process so how would this help you. You appear to be channeling your energy focusing on the negative aspects of homebuying. How is this helpful to you? Why not focus, as many have expressed on here, on ensuring that the outstanding monies are paid to the management company via your solicitor. 

I’m no expert and have recently helped my daughter through the conveyancing process. If you do a bit of research and listen to those on here who have way more experience, it makes the process so much easier. 

Arguing the ‘logical’ point of the bill not being in your name without maybe understanding some of the complexities around leases and what can and can’t be done is not helpful to yourself. Reiterating how ridiculous it is doesn’t make it unenforceable. 

It wouldn't be to spite my face. Let me outline why I would do it:

The vendor knows that I'm now on a very tight schedule where this needs to be over the line by the 19th or I won't be able to fulfil a working arrangement, losing me thousands in the process...

If a vendor was happy to allow that date to pass by withholding payment of an outstanding bill, they clearly would have no consideration for someone who is about to pay them a lot of money. So, why on earth would they deserve my money at that point?

Such disrespect would be deserving of disrespect in return, by forcing them to have to start over.

Q: Would you really want to proceed in the same circumstances, where a vendor can alleviate your concerns and ensure you don't lose out on a lot of money but purposely choose to let you lose it?

I guess at this point I'm worrying about something that has not happened, might not happen, and hopefully will not happen... but given my frustration with delays so far, my concerns are justifiable.

Grizebeck

I feel sorry for your conveyancer.

eddddy

Dannydee333 said:

If a vendor was happy to allow that date to pass by withholding payment of an outstanding bill, they clearly would have no consideration for someone who is about to pay them a lot of money. So, why on earth would they deserve my money at that point?

Such disrespect would be deserving of disrespect in return, by forcing them to have to start over.

Q: Would you really want to proceed in the same circumstances, where a vendor can alleviate your concerns and ensure you don't lose out on a lot of money but purposely choose to let you lose it?

I guess at this point I'm worrying about something that has not happened, might not happen, and hopefully will not happen... but given my frustration with delays so far, my concerns are justifiable.

This is getting blown-up out of all proportion.

You can stop worrying. Your solicitor will make sure that the outstanding service charge is paid.


(If you want to get paranoid, there are dozens of theoretical mistakes that a solicitor can make with your purchase - many much more serious than "failing to get the outstanding service charge paid".

But in 99.999% of cases solicitors don't make mistakes. And if they do, you can sue them for damages.)