I don’t fully understand the situation, but I’ll explain as best I can.
I sold a long leasehold in Autumn 2017. My solicitor held a retainer in respect of service charges, I think because the Autumn 2017 s/c bill (for y/e Spring 2018) was estimated, not ‘actual’.
I was, at the time, disputing an earlier s/c; and after lengthy correspondence, in Winter 2019 the freeholder finally admitted it had overcharged me several hundred pounds in respect of the y/e Spring 2017.
The service charge for y/e Spring 2017 having been finalised, and the actual sum for y/e Spring 2018 by then known, my solicitor dealt with the retainer, sent monies to the buyer’s solicitor, and refunded me the balance.
Meanwhile, I discovered that the service charge remained in my name, because the Notice of Transfer had been rejected by the freeholder in Autumn 2017 due to arrears on the service charge account.
The service charge remains in my name. The arrears now exceed £2,000.
I continue to correspond with the freeholder’s accounts dept. (It may be relevant to note that the freeholder is a Local Authority, and I’ve been dealing with multiple people over the years, at an outsourced accounts department).
They tell me the buyer’s solicitor must re-submit the Notice of Transfer, and the s/c due at the time of sale must be paid (about £700). They reiterate that I remain liable for the ongoing s/c of £2K+. They refuse to contact the buyer or the buyer’s solicitor.
I have of course been in touch with my solicitor several times, and AFAIK I have paid whatever I was meant to pay. My solicitor says he will chase the buyer’s solicitor, but nothing ever happens. I gather the buyer’s solicitor simply fails to respond.
And so it goes round in circles.
Does anyone have an ideas as to how to sort this out?
Also, am I actually legally liable for s/c beyond the sale date? Given that I have no control over the buyer’s solicitor re-submitting the Notice of Transfer? (I can’t immediately find a copy of the lease, but will dig it out if essential).
P.S. Old timers may remember me as the user formerly known as Westminster. Following the sale of this leasehold flat, and after many years of various leasehold nightmares, I am now a happy freehold owner. (And no longer an AST landlord).
I sold a long leasehold in Autumn 2017. My solicitor held a retainer in respect of service charges, I think because the Autumn 2017 s/c bill (for y/e Spring 2018) was estimated, not ‘actual’.
I was, at the time, disputing an earlier s/c; and after lengthy correspondence, in Winter 2019 the freeholder finally admitted it had overcharged me several hundred pounds in respect of the y/e Spring 2017.
The service charge for y/e Spring 2017 having been finalised, and the actual sum for y/e Spring 2018 by then known, my solicitor dealt with the retainer, sent monies to the buyer’s solicitor, and refunded me the balance.
Meanwhile, I discovered that the service charge remained in my name, because the Notice of Transfer had been rejected by the freeholder in Autumn 2017 due to arrears on the service charge account.
The service charge remains in my name. The arrears now exceed £2,000.
I continue to correspond with the freeholder’s accounts dept. (It may be relevant to note that the freeholder is a Local Authority, and I’ve been dealing with multiple people over the years, at an outsourced accounts department).
They tell me the buyer’s solicitor must re-submit the Notice of Transfer, and the s/c due at the time of sale must be paid (about £700). They reiterate that I remain liable for the ongoing s/c of £2K+. They refuse to contact the buyer or the buyer’s solicitor.
I have of course been in touch with my solicitor several times, and AFAIK I have paid whatever I was meant to pay. My solicitor says he will chase the buyer’s solicitor, but nothing ever happens. I gather the buyer’s solicitor simply fails to respond.
And so it goes round in circles.
Does anyone have an ideas as to how to sort this out?
Also, am I actually legally liable for s/c beyond the sale date? Given that I have no control over the buyer’s solicitor re-submitting the Notice of Transfer? (I can’t immediately find a copy of the lease, but will dig it out if essential).
P.S. Old timers may remember me as the user formerly known as Westminster. Following the sale of this leasehold flat, and after many years of various leasehold nightmares, I am now a happy freehold owner. (And no longer an AST landlord).
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