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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10777
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I hope you are well. I'm selling a shared ownership flat &

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I hope you are well. I'm selling a shared ownership flat & have been informed that the buyer wants a retention for works carried out on the building. My solicitor says it is NOT mandatory but the the buyer says I'm liable to pay. My understanding is I do not have to pay with it not being mandatory?? Please advise me thank you!

Hi, thanks for your enquiry. Has your Housing Association/Freeholder served a Section 20 Notice, notifying you of major works due to the building?

What work needs to be done and when will it be done?

I look forward to hearing from you. Al

Customer: replied 9 months ago.
Not sure about section 20 notice but the works have been completed & the figures finalised for service charge in September. I've read online that I'm not liable & have been told by my solicitor the same. Just wanted a second opinion.

Hi, thanks for your reply.

Legally, unless the Freeholder has billed you for these works, you are not liable to pay them as the sums only become payable once demanded by the Freeholder. However, in these circumstances, it is often a case of trying to come to a compromise with the Buyer and you may want to meet him half way, just so the Sale proceeds. This decision is of course yours.

I hope this assists and sets out the legal position.

If so, I would be grateful if you could rate my answer.

Kind Regards Al

Customer: replied 9 months ago.
Thank you

Thanks. Please could you rate my answer, if I have assisted.

Best Wishes Al

Customer: replied 9 months ago.
I am satisfied

Thanks! There should be a section at the top right hand corner of your screen, allowing you to formally rate my answer. If you could look at this please.

Many thanks


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