Service Charge mess post completion

AliceBanned

Thanks Edddy. Yes I should have sent to him. Part of the chaos and stress of moving I guess, I didn’t realise this could happen. Arguably my solicitor should have double checked as I was paying them to do this. I had my own full-time job to focus on.

EssexHebridean

The management company should also have been approached by your solicitor prior to completion to get an accurate statement of what they considered was due to them at the point of completion - your solicitor would normally check this and then agree apportionments with the buyer’s solicitor. I’d suggest you need to ask whether this happened, and obtain copies of that statement too. 

also - double check that you do not have a combined completion and apportionments statement from your solicitor - or perhaps separate documents, along with a reconciliation statement - that may help to clarify exactly what has happened. If the lease clearly states that the charge is due at January 1st, and there is nothing from the management Co agreeing to pro-rata it as you were moving out after three months, then it may be that something has been missed at your solicitor’s end. 

AliceBanned

Thanks. I think you are right. My solicitor is doing nothing, saying the buyer’s conveyancer will sort it out with management company. I don’t agree and have said to him (all in email) I am liable for this payment and why wasn’t I informed beforehand when I could then know I would be reimbursed by the buyer. 

AliceBanned

Ps just saw that I cancelled the DD after exchange. Obviously would have thought ok to do this. It was after this that I received the invoice from accounts for £1k. I just thought it was a mistake. I notified accounts of imminent completion date and they ignored. I have seen a document saying that either solicitor can collect outstanding funds after completion!

m0bov

You need to get that escalated. Your solicitor is supposed to be looking out for you and they have left you now liable for a debt.

AliceBanned

Thanks m0bov I agree. Do you suggest I raise a complaint with my solicitor? He is just leaving it and saying buyer’s solicitor will sort it. I’ve emailed all three solicitors together (including management company’s’ and mentioned legal ombudsman, I think I may be forced to pay but sort out afterwards but may not get it back. 

AliceBanned

Ps he can always argue that I should have known as I received a notice about full payment. I genuinely couldn’t see it as serious as it was after exchange and yes was assuming solicitors had it sorted. I’ve contacted the management company separately and left a voicemail and emailed them. No one has responded.

EssexHebridean

Start by pointing out to the solicitor that the “oh it will be OK” attitude they are exhibiting is unhelpful, and that thr Management company are telling you that it cannot be sorted out that way. Have you checked the documents I mentioned before - competing/apportionment/reconciliation statements?  Did you also check to see whether you were sent the statement from the management Co confirming what service charge and ground rent was still owed? (It may well have been forwarded to you by your solicitor).

If you can’t get any resolution from the solicitor you may have to escalate - first step on that is to check the terms of retainer details you were sent when you initially instructed them - that should explain who supervises your solicitor, and that is the person to approach initially - it will be a partner in the firm as a rule. 

AliceBanned

After receiving a rather aggressive email from my solicitor he has now asked the buyer’s conveyancer to complete the paperwork as I am being contacted and am therefore still the leaseholder. He suggested to me that I was defamatory when I was simply pointing out how poor (overall and not just by him) the conveyancing has been.

i let it all go and went away over the bank hol and have been advised I am ‘legally safe’.  I am speaking to Leasehold Advisory Service tomorrow as I had an appointment booked so will still go ahead with it to check with them that everything is ok.

i don’t think the management company can put me in ‘arrears’ for service charge after I sold the flat. Lot of drama hopefully unnecessary, but it seems that did at least provoke a response and some clarity on who should be resolving this.