Notice of lease transfer/assignment - Accused of Breach of Lease

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    #16
    Different leases provide for different recipients of notice of assignment. The lease is clear: notice is to be served on the landlord. If notice is served on the landlord and no one else the covenant is complied with. There is no doubt about that. The fact that it may be more sensible to serve notice on the management company does not come into it.

    You have now mentioned that there is a management company. That may make a difference. Do the tenants own the management company?

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      #17
      Lawcruncher

      Yep, think its clear the covenant has been breached. So I'll draft a note to the conveyancers to explain that they were at fault and should have served notice to the landlord. I will tell them that they must pay the costs as clearly it was their responsibility to read the lease terms.

      The management company is owned by the tenants I believe, as the deed of covenant that was served to the management agent/company states that I will receive a share in the "company".

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        #18
        The existence of the management co changes things. It is not after all the case that the agent acts for the landlord. Do you want me to draft a letter to send to your solicitor?

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          #19
          Hi Lawcruncher

          I wrote a letter to my solicitors, they are basically refusing to accept liability. On the basis that they relied on the LPE1 form which was filled out by the management agent's, and are stating that the agent's should have made clear that notice was also required to be given to the landlord.
          The LPE1 form did show that they did not mention that notice was needed to be provided to the Landlord. They wish to send a letter to the landlord's lawyers saying that they need to take the claim up with the management agent, and they have told me that if that fails I should take the claim to the management agent.

          However surely, the solicitors should have asked who the management agent was acting for? What is the law around LPE1 forms, are there terms and conditions that come with it?

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            #20
            There are several versions of LPE1, but in both versions that I have, question 1.3 asks who appoints the managing agent and question 1.5 asks to whom the notice of assignment and charge should be sent. with multiple answers being possible for the second. The final signature block asks the capacity in which it was answered.

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              #21
              leaseholder64

              Q1.5 stated that notice was only to be provided to the management company, there was no tick next to the option next to the landlord. They signed the capacity as the management agent's. However that does not tell us whether they were acting for the landlord or the management company, we have subsequently come to find that they work for the company.


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                #22
                leaseholder64

                correction.

                You are correct, section 1.3 has a tick to say that the management agent is appointed by the management company!

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                  #23
                  Whether a notice of assignment is required, to whom it has to be given and the fee (if any) payable is set out in the lease. A conveyancer acting on the purchase of a leasehold property is supposed to read the lease! He should have cross-checked the Form LPE1 with the lease. (In fact I do not know why some of the questions are in Form LPE1 when they can be answered by reading the lease.) I am no expert in negilgence, but I cannot see how your solicitor is not liable for loss you incur. I suggest you pose the question here: http://swarblaw.co.uk/viewforum.php?f=25

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                    #24
                    Thanks lawctuncher, I don't understand why they're refusing to accept liability too. Clearly their duty to read the lease, the LPE1 doesn't overrule the requirements of the lease. I am going to tell them that I will make a claim via the legal ombudsman if they don't accept liability. I'm sure they will agree with me

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