Freeholder sent Notice of Assignment, lost it, and now asking for money

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    Freeholder sent Notice of Assignment, lost it, and now asking for money

    Hi there

    I purchased a property last year. My solicitor sent Notice of Assignment (inc cheque) to the Freeholder along with a Deed of Covenant as per the terms of the lease.

    Fast forward 6 months and my flat receives a letter from the Freeholder informing me that Notice of Assignment was not given and that xyz charges have been incurred as a result (admin fee's, interest etc).

    I contact my solicitor about this and they confirmed NoA was sent and that the Freeholder had banked the cheque sent with it.

    I raised this with the Freeholder, and he came back several days later confirming he had since 'found' the NoA. However they are still insisting the Deed of Covenant was not sent.

    They are refusing to invoice me for ground rent until the extra charges for admin fee's (chasing up the NoA and DoC) are paid and that the interest added is just.

    The Freeholder is being very difficult to speak with (refusing to speak on the phone, rarely replying to emails).

    What should I do to make him drop this matter and start invoicing (minus interest) for the ground rent?

    Thanks

    #2
    FTT application?

    Comment


      #3
      Originally posted by JK0 View Post
      FTT application?
      Yes absolutely. All the solicitor need do is confirm that they, not the office post person, sent the Doc and Noa together and its clear that the FH lost it. Pop the ground rent on deposit.
      Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

      Comment


        #4
        FTT application? Yes absolutely was the reply.

        "However they are still insisting the Deed of Covenant was not sent"

        I have it in writing from Lease-advice.org that the following two items are not required, and can be removed from the lease !

        1) Permission to assign the lease to proposed buyer not required

        2) Deed of Covenant as per the terms of the lease is not required

        So legal experts at Lease-advice.org, who are Solicitors / ex-property solicitors have stated the items 1 + 2 that are in the lease are not enforceable.

        So what will the FTT decide on the Deed of Covenant ?

        Comment


          #5
          1 b*ll*cks to that answer. they are, not for the first time, wrong.

          2 agreed it is superfluous under the 95 Act.

          And no one removes such things from a lease, there is no point in that.
          Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

          Comment


            #6
            Thanks for the replies. I have a couple of questions regarding First-tier Tribunals:

            1. Is it advisable to mention my intentions to the Freeholder? The thinking being it might make them see sense and settle the matter.
            2. If the tribunal agree in my favour, can I recover any/all costs involved?

            Finally, I'm not 100% sure what is meant by this

            Originally posted by leaseholdanswers View Post
            Pop the ground rent on deposit.

            Comment


              #7
              it is advisable to restate your case and give them notice of your intention so that they are given an opportunity to respond.

              Until you resolve the issue put the ground rent into a deposit account to earn interest.
              Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

              Comment


                #8
                Originally posted by redeye_uk View Post
                2. If the tribunal agree in my favour, can I recover any/all costs involved?
                You need to put in your claim that you wish your issue fee to be refunded, or strangely, it won't be.

                Comment

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