Lease Transfer Limbo.

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    Lease Transfer Limbo.

    After transferring ownership of our leasehold flat to our daughter, neither my daughter or ourselves have received the usual June half yearly service charge invoice.
    After countless emails and phone calls to the managing agents and freeholders solicitors we are no where closer to knowing what the problem is.

    After almost 9 months on 21st June this year the solicitors we used informed us that the transfer of ownership (equity) had been completed and that their job was over.
    Land registry had been changed on 11th June to reflect this change.
    The freeholders solicitors charged me over £700 to for preparation of Licence to Assign, and I was informed by my solicitors that this had been accepted on 9th May.

    I'm assuming the solicitors we used missed off a step or something, however they say they have done everything.
    The freeholders solicitors ignore my communications.
    The managing agents say they are looking into it, although its been over a month since they said that, and an email I sent on Monday has not yet been replied to.
    I've given up phoning as I can never seem to talk to the right person, and I'd like proof of correspondence.

    I'm not sure what to do, and am worried we may end up facing bailiffs and penalties for non payment of the service charge.

    any thoughts on what I should be doing, and is a string of emails suitable defence should we find ourselves charged with recovery costs?

    thanks
    Steve

    #2
    Your solicitor should be able to supply you with a copy of the notice of assignment which it issues to the freeholder, or agent.

    In the meantime, the managing agent ought to be able to let you know the amount which is payable or you can pay an estimated amount on account. A copy of emails would enable you to defend any action taken in respect of recovery costs.

    Comment

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    • Licence to Alter
      vmart
      Should the leaseholder be given the original signed copy of a Licence to Alter (LTA)? Our landlord created a deed (LTA) to provide us with permission for work we are planning but we were given a photo copy of the completed document but think we should retain the original.

      Thank you.
      21-10-2019, 09:48 AM
    • Reply to Licence to Alter
      Lawcruncher
      In fact all you need is a copy signed by the landlord.

      When lawyers deal with licences they are usually executed as "part and counterpart" - that is the landlord signs one part and the tenant another. When everyone is ready the parts are exchanged. The landlord then has a part...
      22-10-2019, 08:45 AM
    • Reply to Licence to Alter
      vmart
      Thank you.
      22-10-2019, 08:28 AM
    • Freeholder permission and checks
      c118
      We have recently purchased a maisonette leasehold and the entire freehold of the building (one other flat on the ground floor). In regards to freehold permission for a conservatory extension, are there any resources online that advise what checks should be completed/information required prior to permission...
      21-10-2019, 08:10 AM
    • Reply to Freeholder permission and checks
      vmart
      Given that this is not your area of expertise, why not talk to a surveyor to manage the discussions/project for you at the leaseholder's cost....
      22-10-2019, 08:27 AM
    • Reply to Licence to Alter
      ram
      No need to put "the deed is signed in duplicate".
      You could have 200 originals, but you still only have authorisation to carry out alterations once, and for the prescribed alteration.
      22-10-2019, 08:20 AM
    • Reply to Licence to Alter
      vmart
      Thank you all for your replies. Therefore, I will ask the landlord to arrange for us to execute the deed again and we all sign both copies. Should the licence specifically state "the deed is signed in duplicate" or similar wording or is the current deed OK in this respect?

      Thank...
      22-10-2019, 08:05 AM
    • FTT decisions
      vmart
      Is there any rule regarding the time a decision must be received from the FTT?

      Thank you.
      21-10-2019, 09:43 AM
    • Reply to FTT decisions
      vmart
      Thank you all for your replies....
      22-10-2019, 08:01 AM
    • Reply to Licence to Alter
      ram
      There should have been 2 originals, and you all sign the two.
      One for the landlord and one for the tenant..
      Thats the way it should have been done.
      22-10-2019, 07:34 AM
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