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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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We sold our Leasehold flat in November 2013. The new Leaseholder

Resolved Question:

We sold our Leasehold flat in November 2013. The new Leaseholder is now suing us for the cost of significant repairs to the roofs of the block on the grounds that while we lived in the flat I was actively involved in the running of the Residents' Management Company and should have disclosed to them that there was a possibility that such repairs might be required in future. The RMC had commissioned a quotation for replacement of the roof in 2009, but the Director tasked with maintenance of the block advised that, provided a repair and maintenance regime would be sufficient for the forseeable future. This maintenance was budgeted for each year and was ongoing at the time we sold.
We are now being taken to the Small Claims Court for the full share of the cost of repairs to the roof, £4,000. My solicitor and the legal advice team at the insurer of my current property all tell me that we are not liable. Can you also confirm this?
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.
Hello my my name is ***** ***** I will help you with this.Did the purchaser not get his own survey please?
Customer: replied 9 months ago.
As far as we recall they did not commission a survey.
Expert:  Ash replied 9 months ago.
Ok - then its not your fault. It should be up to the purchaser and their Solicitor to satisfy themselves as to any questions they need answering. if they didnt have a survey or ask the questions then you cant be expected to volunteer it, assuming you even knew about it.So no, you are not liable, but their Solicitor may have been negligent and any claim should be directed there.Can I clarify anything for you about this today please?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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Customer: replied 9 months ago.
You have confirmed what I believed and had already had confirmed by two other lawyers.Just one more question, how do I put an end to the claim against me? Should I return the forms to the small claims court repeating that I do not consider myself liable on the basis of three independent legal opinions or should I contact the claimant directly and advise him to withdraw the claim? I don't know who is advising him, but he is already £185 down on the claim and I assume that there will be further charges for him if he persists and the claim is disallowed.

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