Notice fees and Deed of Covenant Fees

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    #16
    Thanks for the thorough breakdown, your replies have been really clear and helpful Lawcruncher.

    IF the freeholder and management company decline to register the notice then are we not going to be stuck having sunk more costs into the purchase and have no choice but to pay anyway? It feels as though in that situation they'll wield even more power by refusal.

    Added to this is that our solicitors have already shown an unwillingness to chase this matter with their defeatist attitude.

    I'm just worried that if we go further, we're going to end up backing ourselves into a corner.

    I will send you the deed when I have a moment today.​​​​​​

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      #17
      If you walk away you may be faced with the same scenario all over again.

      Suppose a man you do not know knocks on your door and says you owe him £748. He says if you do not pay he will sue you and you may lose your home. If you consult a solicitor and he says it is best to pay to avoid trouble you would not be impressed. You would not contemplate paying and would contest any court case.

      The situation is exactly the same here.

      The management company cannot decline to recognise you as tenant. Once the legal formalities are completed you are the new tenant - period. It will not be dependant on the will of the landlord or his agents. The law has not allowed restrictions on alienation of property for centuries. If they decline to recognise you as tenant then they can hardly demand rent or service charge. Indeed, if they say you are not the tenant then you cannot be bound by the terms of the lease which means you certainly do not have to pay their fees!

      Once you challenge these sharks they back off. If they do not already know, any decent lawyer will them they do not have a case. In any event, they do not want to risk a court case which throws a spanner in their works. They prefer to rely on tenants advised by supine conveyancers taking the line of least resistance for a quiet life or because in ignorance they fear losing their property.

      You solicitor need shaking up and told to do the job he is being paid to do, which is to protect your interests. Say you are contemplating taking the matter up with the legal ombudsman.

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