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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7620
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I am in the process of buying a flat which has an

Resolved Question:

I am in the process of buying a flat which has an outstanding maintenace bill around 30 thousand set by the council. The vendor said she will pay for the charge which is due to come 2018. How can I ensure it will be done so I will be not liable in 2018 as the new lease holder.
Submitted: 1 year ago.
Category: Property Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Thomas replied 1 year ago.

Hi

Is the charge registered against the land registry title of the property?

Tom

Customer: replied 1 year ago.
Hi TomDon't know iam afraidThanks
Expert:  Thomas replied 1 year ago.

Hi

Thanks for your question. I will try to help.

If the maintenance bill is effectively “service charge” (ie. amounts that the seller is obligated to pay for the upkeep of the common areas of the development block) then this will only be noted on the service charge account by the landlord.

This information will be requested by your solicitor during the pre-exchange process. They will ascertain that there is a large amount owing and ask the seller’s solicitors for a solicitor’s undertaking to repay all such monies owing upon completion.

The Sellers solicitor will only give the undertaking if there is sufficient funds from the proceeds of sale. Once they have given the undertaking then you can be assured that they will repay the sum upon completion (the could be struck of if they do not comply with an undertaking) so that the property can be transferred to you in the normal way.

If the amounts owing are registered against the legal registered land registry title for the property, then the situation is the same: the seller’s solicitor will give undertaking to repay such sums in the Replies to Requisitions which are provided to your solicitor.

Either way, your solicitor will not allow the sale to proceed without ensuring that such sums are repaid by the seller upon completion.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 1 year ago.
Hi Tom,Thanks for your reply ... my understanding is the the Maintenance charge is due in 2018 and we are in 2016 ... the work still undergoing, the seller first said I have to pay it , then because they received a low offer , the seller said she will pay it but I need to increase my offer ... but the charge hasn't come yet.. please help
Expert:  Thomas replied 1 year ago.

Hi,

If the works have not actually been carried out and will be invoiced in due course, then it's a matter for you to attempt to negotiate with the seller to see if they are willing to contribute.

If they are not willing to contribute then it's a simply case of bad luck and ultiamtely for you to decide whether or not you wish to proceed with the purchase knowing that you will have to pay such fees.

Please remember to leave feedback

Tom

Customer: replied 1 year ago.
Thanks Tom much appreciated and thank you for detailed response very happy.
Expert:  Thomas replied 1 year ago.

You're welcome.

Good luck

Expert:  Thomas replied 1 year ago.

Hi,

You have not left feedback on my answer yet and please do so using the stars at the top of the page.
Tom

Expert:  Thomas replied 1 year ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 1 year ago.
Tom,What would you recommend from a legal point of view ... me paying the charge or the vendor pay it when it comes in 2018 ...Many thanks this will be my last question.
Expert:  Thomas replied 1 year ago.

Hi

There is no legal element to the question. It's simply for you to determine what is the best possible deal you can extract from the seller. If they are willing to reduce the purchase price to help you cover the future cost then you have to negotiate the best possible reduction that you can and then determine if you are willing to purchase the property at this price knowing that you will have to pay the increased maintenance charge in the future.

If they are not willing to negotiate at all then you just have to decide whether to purchase at the agreed price knowing that the future maintenance charge is coming.

I would make the point that a £30, 000.00 one-off maintenance charge is a very large amount in the scheme of leasehold maintanance charges and there will be other flats out there without the bad luck of having such a charge payable.

Please do remember to leave feedback

Tom

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