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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am been sued rent on a property i sold over 2 years ago ,

Resolved Question:

I am been sued for ground rent on a property i sold over 2 years ago , the new owner and his solicitor did not change the name at the land registry , my own lawyer says it's nothing to do with him and it's the buyer's lawyer responsibility to change this with the land registry.
the company suing me will not withdraw the summons while i am down as the owner
question am i legally bound to settle this even though the sale contract stated the buyer was responsible for ongoing bills and how can i get my name taken off the registry
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

I assume you know who the buyer was?
Alex

Customer: replied 1 year ago.
i have him and his solicitor now in touch with the company who is suing me but this company will not transfer the action to the buyer while my name is ***** ***** land registry
Expert:  Ash replied 1 year ago.

Ok, in that case you need to file a defence and bring in the buyer as an additional Defendant. So the company is suing you, you counter sue the buyer of the flat.

A Judge will then sort it would in Court. But in any event if the claim is for £10,000 or less it will be a small claim anyway.

So you should defend and counter claim against the buyer.

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
I do not think the buyer will come to court as a defendant knowing i will be then suing him , the claim is about £2500 including costs up to now , so if i did not counterclaim and defended myself at court ,the main question is am i legally liable for this because my name has not been changed at the land registry ?
Customer: replied 1 year ago.
would a witness statement from him and his solicitor achieve the same ?
Expert:  Ash replied 1 year ago.

Yes you are because its in your name.

But that is why you need to counter sue the buyer.

Does that clarify? Alex

Customer: replied 1 year ago.
the second part is if the buyer's solicitor can change the owner from me to the buyer before the court case which will be in about 6 weeks time then the company that is suing me will change the name on the summons to the buyer and continue the action against him , is this a option ?
Expert:  Ash replied 1 year ago.

No. You are the named Defendant, you then you have to counter sue the buyer. That is the way it has to be done sadly.

Does that clarify? Alex

Customer: replied 1 year ago.
even if the company that is suing me withdraws the action against me before it goes to court ?
Expert:  Ash replied 1 year ago.

No, then you are ok. But in law they dont have to withdraw against you.

In case they dont you must file a defence and counter claim against the buyer.

Does that clarify?
Alex

Customer: replied 1 year ago.
how long before the court case can i counterclaim against the buyer ?
Expert:  Ash replied 1 year ago.

You need to do it now when you get the claim form.

If you have filed a defence then you need to apply to the Court to add a party.

Does that clarify? Alex

Customer: replied 1 year ago.
my lawyer as already filed the defence and requested a change of date and court so when i get a new date and court i will ask my lawyer to apply to the court to add a party if that is ok at that stage ?
Expert:  Ash replied 1 year ago.

Yes that is fine. Can I clarify anything else for you?
Alex

Customer: replied 1 year ago.
no you have been very helpful ,i know now that until the case has been reassigned to a court closer to where i live and on a date when i am not on holiday i can keep on to the buyer's lawyer to change my name on the land registry and hopefully receive a withdrawal of action from the company responcable for the summons ,if i do not get this before the notification of the new court date and location then i will ask my lawyer to counter claim against the buyer at that timemany thanksrob sinclair
Expert:  Ash replied 1 year ago.

Good luck! If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
no problem
Expert:  Ash replied 1 year ago.

Thanks. Alex

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