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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10233
Experience:  LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
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I am selling my flat.

Customer Question

I am selling my flat.

There is an ongoing issue regarding one of the clauses in my lease and my garden which the Directors are stating I am in breach of. I have responded to them and awaiting a reply.
I am disclosing this to the buyer on the form and providing more information. I want to write a paragraph to reassure the buyer that whatever happens with the current dispute with the Directors if the matter is still pursued I will ensure the matter is resolved without any comeback to them before completion (ie if they still insist it is a breach, I will rectify everything so it is resolved for the buyer). I don't want them to be scared off. How can I write this so that it isn't just waffle and it is something the buyers solicitor will take positively and feel confident to tell their clients it is nothing for them to worry about as ultimately I will resolve it?

Many thanks.

Submitted: 1 year ago.
Category: Property Law
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Thanks for rating my previous question.

Can I ask what the issue/breach is?

Kind Regards

Al

Customer: replied 1 year ago.

Hi Al

It's a clause about not putting additional structures to the property internally or externally.

I have a freestanding pergola and fencing, however others in the block have fencing, sheds etc including one of the Directors! I am trying to argue my case but as the sale has just started progressing, I don't know the outcome but don't want to worry the buyers.

Expert:  Aston Lawyer replied 1 year ago.

Thanks.

Well, I would disclose the full facts to your Buyer-

Explain- there is currently a small disagreement between me and the Directors concerning the pergola and fencing at the property, the Directors being of the opinion that this is breaching the terms of my Lease. I am hopeful a resolution can be achieved shortly (other residents have x y and z in their gardens, which have not brought the Directors to take action).

However, if the Directors still assert that I am breaching the Lease, I will immediately remove the pergola/fencing to put an end to this issue.

(or words to this effect).

I hope this helps.

Kind Regards

Al

Customer: replied 1 year ago.

That's great, thanks Al. In terms of stating a 'small disagreement', can I still say that if I give you the history:

The issue was originally raised 7 years ago by the Freeholder following a complaint from a neighbour after I purchased the flat (it was leasehold then, now Share of Freehold), however following my letters back to the Freeholder at the time, they did not pursue it any futher.

It has now been raised again (7 years on) by the new Directors now it is Share of Freehold so I have advised them of the same information I originally provided.

Can I still keep it short as in your paragraph or do I have to explain the events?

Thanks!

Expert:  Aston Lawyer replied 1 year ago.

Hi,

Yes- do mention the history, as this makes it clear that it is only due to the new Directors coming on board that the issue has raised its head again.

Subject to including the history, keep it short as I have suggested.

Good luck, I'm sure you and your Buyer will be fine.

Kind Regards

Al

Customer: replied 1 year ago.

Thanks for your advice Al, I was going to give an A4 page explaining but now you have suggested to keep it short I will.

In the very same letter the directors also asked me to remove my extractor fan stating it is causing noise disturbance. In my reply to them I referenced Section 9 of the HHRS of the Housing Act 2004 re extraction following advice from the environmental health office at the council, also there is no window to my kitchen and it is only used when necessary for a short period of time. In summary, it is needed for maintenance of the property and health reasons. Please can you also suggest how to phrase this (not sure if to reference the above or say something else)?

When I asked my conveyancer for advice, he just said to state 'see attached' and to then attach all correspondence from the Directors and from myself. I don't want to do this as I am hoping for a resolution soon without going into all the paperwork which could become protracted.

He hasn't been very helpful with even the simplest of questions regarding the PIF so I feel I can't ask him for reliable advice. He said that the buyers solicitor will ask for full disclosure and request all paperwork of all correspondence. Do you think that is the case or do you think they may leave it at the summary I provide and then ask for an update later?

Sorry for not including the fan earlier, it was late and my brain was tired from the stress of it all. Thanks again for being so helpful.

Expert:  Aston Lawyer replied 1 year ago.

Hi,

I'm afraid that if there has been any written correspondence concerning a disagreement/dispute, you do need to provide copies of all of these to your Buyer.

Only by doing this are you being 100% transparent and will prevent any possible claim against you by your Buyer for non disclosure, if he gets wind from the Director of these letters post completion.

Kind Regards

Al

Customer: replied 1 year ago.

I was hoping it would get resolved in the next couple of weeks so it wouldn't become long and drawn out so for now, can I summarise as per your original paragraph about hoping it will be resolved shortly etc for completing the PIF question about complaints? And then when their solicitor request letters I can provide everything then, by which time hopefully I would have received a response from the directors?

Can I do that for now and provide copies later or are you saying I can't do that and have to provide copies from the outset? When you advised on how to state the paragraph on the PIF were you aware they had written to me?

Many thanks.

Expert:  Aston Lawyer replied 1 year ago.

Hi,

Yes- feel free to keep it short, and no doubt your Buyers Solicitor will ask for further information, giving you hopefully a good 10 days or so to get it resolved.

You don't have to disclose all the correspondence at this stage, but if for whatever reason the issues don't get resolved, you should disclose all correspondence before exchanging Contracts.

Kind Regards

Al

Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10233
Experience: LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
Aston Lawyer and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi Al,

Thanks for confirming on this, yes it gives me time to try to resolve things so hopefully I can confirm to them soon it is all resolved without dragging on with paperwork.

Are you able to advise on the paragraph for the extractor fan please? I can then close and rate.

If I have any other questions relating to this I will send to you as a separate question. Your help is much appreciated.

Thanks again.

Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

Hi Nicola

I have a subscription plan but it seems you couldn't take payment from my card. I have tried to sign up to the subscription plan again but there is no option on My Account page to do this.

There is no email address or phone number to contact so please can you tell me how I can sign up again as there is no option to do this.

Thanks

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