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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I'm trying to sell my flat and do a lease extension at the

Resolved Question:

I'm trying to sell my flat and do a lease extension at the same time. I have a dispute with the freeholders who are refusing to do the lease extension until I pay a disputed bill. This is holding the sale up. Is it possible to pay the bill, but indicate that it's being under 'duress', sell my flat and then contest the bill afterwards? Thanks, James
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
What is the disputed bill concerning?
Kind Regards
Al
Customer: replied 2 years ago.

The dispute is over water damage to a shop below the patio of my flat. The bill is 2 years old and a previous solicitor at the time told me not to pay the bill

Expert:  Aston Lawyer replied 2 years ago.
Hi James,
Thanks for your reply.
The practical problem you face is actually getting your money back, if you pay this Bill, and it turns out you are not liable for it.
You can make a "without prejudice" payment (which basically means you make the payment but you don't agree it is payable), but you have to bear in mind that although legally you are entitled to it back if it is found you are not liable, you would have to go through the stress of Court to recoup it if the the Freeholder did not willingly reimburse you.
It is one of those situations where practicalities come before the law- it comes down to whether the potential loss of you paying this bill outweighs you potentially losing a Sale.
I hope this assists.
Kind Regards
AL
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