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Hold-ups when buying leasehold property
I'm buying a leasehold flat, and was aware from the start that leasehold can be more complicated / take a bit longer than freehold. A few months in, and the solicitor is still waiting on some information from the freeholder. Presumably the freeholder is in no hurry to locate and send this information, or possibly are unable to find the answers to my solicitors questions.
I know there's little I can do, but I'd be interested to know who should be doing what, i.e. is it my solicitor or the sellers solicitor who should be pushing the freeholder? Or both? And what happens if things drag on for longer and my solicitor still hasn't had satisfactory responses?
It's also a slight concern that the same problems may arise if I ever sell, but I can see myself living here for a good number of years (once I get there!) so am not too worried about that for now.
Comments
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What you are experiencing is fairly typical for leaseholds. One of the main issues is that the solicitor will request an information pack from the freeholders. The freeholders will insist on payment in advance. Once they have been paid for the work there is little incentive for them to provide the information quickly, resulting in delays. It's annoying, frustrating and stressful but you should relax and take it as something to be expected. Often it doesn't matter how much fuss you make Its not the solicitors fault. It will take as long as it takes. Good luck.
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Thanks, that's what I was expecting. I'm not restricted by a tight mortgage deadline so am quite relaxed and will let things run their course. I don't want to hassle my solicitor if the slow progress is not their fault.
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You often get more problems when the lease of a flat is tied in with car parking, ie the car parking in a multi-story car park or just a car park, but the lease is controlled by someone else.
When selling, it is obviously not as straightforward as a freehold as you know.
You can keep on top by having regular contact with the solicitor you are paying and ask re progress, anything you can do, and if any delays, what is the cause; then possibly, if you can, try to address them.
The buying and selling process in England is outdated, unnecessarily slow, and belongs to a third-world nation.
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Just for your information, we sold a leasehold flat with dedicated parking space in 2024. No chain at either end and no problems with either the flat or the buyer's mortgage. It took just over six months. Hope this helps.
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No parking involved in my case, which I'm glad of because it would just add another slow communication link. I've asked my solicitor if there's anything else they're waiting for from me; it appears all the hold-up is relating to the leasehold so it's just a case of waiting for the responses.
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Usually both solicitors chase, but the seller’s solicitor tends to have the main duty to get replies from the freeholder/managing agent, since they’re already in contact with them. Your solicitor will also follow up, but they’re often dependent on what comes back through the seller’s side.
If it drags on, your solicitor can keep chasing and escalating, but unfortunately there’s no way to force a freeholder to respond quickly, which is why leasehold purchases can take time.
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I heard on the news today that a large estate agent group has just published some figures about time taken to exchange contracts.
97 days for freehold - 155 days for leasehold.
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Thanks. My solicitor seems pretty efficient, not so sure about the seller's solicitors. But it's the seller who is the most keen to get things moving quickly, so hopefully they can push things along.
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clairec666 said
I know there's little I can do, but I'd be interested to know who should be doing what, i.e. is it my solicitor or the sellers solicitor who should be pushing the freeholder? Or both? And what happens if things drag on for longer and my solicitor still hasn't had satisfactory responses?
The seller is the best person to push the freeholder.
Typically, solicitors don't do chasing. They tend to send an email request, and if they haven't had a reply after a couple of weeks, they send a reminder email.
But the seller can phone the freeholder and try to get find out what's happening.
So contact the seller (maybe via the estate agent) and tell them what documents your solicitor is waiting for…
- Tell the seller to contact their solicitor to find out the status of those documents
- If their solicitor says they are waiting to hear from the freeholder, tell the buyer to phone the freeholder and ask them questions like:
- Has the freeholder received the requests for documentation from the seller's solicitor?
- Has the freeholder received the relevant fee from the seller's solicitor?
- Who is dealing with the requests?
- When does the freeholder expect to send the requested documents to the seller's solicitor
- Has the freeholder received the requests for documentation from the seller's solicitor?
- And tell the seller to generally encourage the freeholder to hurry up and reply
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Unfortunately it's human nature to shop around for the cheapest quote......which is what many people do when looking for a solicitor/ conveyancer......…it doesn't always work. Sometimes a firm will offer a premium service for a few more £'s and in my experience it's always worth paying for that premium service. Of course you still have no control over the other parties selection or choice.
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