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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10175
Experience:  LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
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A property within a block that we manage is due to be sold

Customer Question

Hello,A property within a block that we manage is due to be sold and the solicitors have requested an LPE Form to be completed. There are outstanding arrears of service charge and ground rent on the property. We would like an undertaking from the solicitors to pay all of the outstanding arrears on completion of the sale of the property. How can we go about getting this.Thank you
Cindy Thorpe
Submitted: 2 months ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 months ago.

Hi Cindy,

Thanks for your enquiries.

It is normal for a Buyers Solicitor to request the Seller's Solicitor to discharge any service charge or ground rent arrears on or before completion (as legally, their client will be responsible for any such arrears post completion).

Therefore, when the Buyers Solicitor receives a copy of the completed LPE form from you, via the Sellers Solicitors,the arrears will be picked up.

However, if you want to be cast iron, I suggest that when you answer the relevant questions on the LPE Form, you also put the following "Please note all arrears of ground rent/service charge need to be cleared before we can deal with receipting any Notice of Transfer".

(This will make the Buyers Solicitor insist that the Seller or his Solicitor clears the arrears on or before completion)

This should certainly do the trick!

I hope this helps, and f so, I would be grateful if you could rate my answer.

If you require any further clarification, please let me know.

Kind Regards

Al

Customer: replied 2 months ago.
We have been told that the solicitors need to give the undertaking separately. I was expecting a draft of the undertaking so that we can send it on to solicitors to avoid any confusion.
Expert:  Aston Lawyer replied 2 months ago.

Hi,

I'm afraid you are not likely to get an Undertaking directly addressed to you from the Solicitors (as legally, they do not need to provide one to you). Normally, the only Undertaking which would be given is one from the Sellers Solicitors to the Buyers Solicitor that the arrears will be discharged.

To be honest, you have little to worry about, without an Undertaking- I am sure the Buyers Solicitor will make sure the arrears are discharged, and in the highly unlikely event that they are not, you can then refuse to acknowledge any post completion correspondence from the Buyers Solicitor until such time as the arrears are paid off and on top of this, the arrears become the legal responsibility of the Buyer!

Kind Regards

Al

Expert:  Aston Lawyer replied 2 months ago.

Hi, if I have answered your question, I would be grateful if you could rate my answer. Thanks Al

Expert:  Aston Lawyer replied 2 months ago.

Hi, please don't forget to rate my answer. Thanks Al

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