Breach of contract

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  • Breach of contract

    Dear all

    I purchased a leasehold flat (In a house divided into flats) and agreed in the contract was transfer of a share in the freehold within 3 months. The vendor has failed to comply with this and not complied with my email request for confirmation of buildings insurance.

    What are my options?

  • #2
    Your solicitor is the person who should be dealing with this. Copy of building insurance should have been received prior to exchange. Transfer of share of freehold is done by your solicitor after purchase and is between you and the freeholder (Company that owns the freehold)


    • #3
      Thanks for the reply

      I believe there was insurance @ the time of exchange of contracts, but suspect the freeholder has subsequently cancelled it. (Leas sates he is responsible) . he does not appear to respond to any communication in respect of the freehold issue.

      Proceed to county court?


      • #4
        As to the insurance, your solicitor will have been supplied details. You can check with the insurers if it is still running. If it is not you should take out cover without delay.


        • #5
          The freeholder cannot cancel the building insurance if he is
          responsible for it ( cost divided between all flats ) asthat would
          be a breach of the covenants of the lease on the freeholders

          You should not insure the building yourself as it will be in the £ 1000
          price range, and litigation may ensue for you to get that money

          You challengethe freeholder to uphold the lease and insure the
          building. You also don't want to pay extra, E.G. the insurance was
          cancelled 6 months before end date, with no refund, meaning if
          reinsure now, you will be paying for 6 extra months that were
          already paid for, but cancelled.


          • #6
            Why did your solicitor avise yout o agree to a contract whereby "a share in the freehold" was to be transferred within 3 months? Why not at the same time as you completed?

            As a conveyancing solicitor I believe the information given in the post to be useful (provided it relates to property in England & Wales) but I accept no liability except to fee-paying clients.


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