No Freeholder pack

Lilythecat · 15 January 2020 at 3:56PM

I have been trying to buy a flat since August and we now seem to be at am impasse

My conveyancer says that we still have not received the freeholder pack, and that only the seller can ask for the information.

The seller (who is an executor for a deceased estate) just says we have all the info they have. The flat comes with a share of the freeholder and the other freeholders live in the building.

I'm not sure what to do now, does anyone have any advice?

Richard_Webster · 15 January 2020 at 4:21PM

In this sort of "shared freehold" the shared freeholders often don't really understand what is expected of them.

The freeholder's pack is the sort of set of information that you typically get from a managing agent and for which they often will charge a few hundred pounds (which the seller has to pay).

Hopefully OP's solicitors will have sent a questionnaire to the seller's solicitors for the freeholders to answer. They have done this haven't they?

This questionnaire can then be put to the freeholders in the building for them to answer. The selling executor or his solicitors will simply have to contact them and get them to provide answers to the questionnaire with copies of documents such as the insurance policy for the building. You are at a disadvantage as it is a probate sale. Otherwise the seller would simply complete the questionnaire and get one or more of the shared freeholders to sign it. If the freehold is owned by a limted company then it would need to be a director or secretary of the company.

davidmcn · 15 January 2020 at 4:21PM

You should ask your solicitor (if you don't already know) what exactly is the information in a "pack" which your solicitor is lacking and what risk it poses to you if there is missing information. If the seller is a joint freeholder then they presumably should be able to answer the enquiries (possibly with the assistance of the other freeholders), or at least confirm what they don't know in order that you can then make a decision what to do next.

xylophone · 15 January 2020 at 5:54PM

The flat comes with a share of the freeholder

Crumbs....does he /she have DIY skills....or even talents in other areas?:eek:

xylophone · 15 January 2020 at 6:00PM

https://paulrobinson.co.uk/news/what-management-pack.php

It is common for a managing agent to be used by a Freeholder to deal with the management of the building and collection of funds in relation to flats or leasehold premises. When selling a leasehold property, it is usually a requirement that the vendor obtains a management pack/Sales pack from the Managing Agent, or if one is not employed by the freeholder, then from the freeholder themselves. This pack varies in price but should contain as a minimum the last 3 years accounts for service charge, ground rent and insurance, as well as a statement of account and other relevant information about your leasehold property. The pack will show whether the accounts have been paid up to date or if there are any arrears that will be cleared on or before completion. It is important that an agreement to clear the account is reached as the arrears stay with the property post completion; albeit an apportionment of the current year’s charges will be payable by the buyer, the value of which will be calculated by the seller’s solicitor.

Lilythecat · 15 January 2020 at 6:59PM

Thank you that’s all very helpful

No Freeholder pack

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