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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 31555
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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In 2021 I sold my leashold flat in 2019 our managing agent

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Hi in 2021 I sold my leashold flat in 2019 our managing agent wanted £4,107 from each flat for roof repairs which I paid , to date no work was done .when we had the storms in February 2022 it tore two roofs of and is subject to an insurance claim .should I be able to get a rebate for the money paid in 2019 which was never used .the agents say they will use some for items not coverd by insurance but because we no longer own the leashold they will rebate the remainder to the new leasholders is this lawfully.
JA: Where are you? It matters because laws vary by location.
Customer: Poole dorset
JA: What steps have you taken so far?
Customer: Sent a letter asking for a refund as it never got used for the purpose it was intended for and as it is an insurance claim
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No just the agent are saying for us to contact the solicitor who dealt with the sale to contact the new owners to get our rebate

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I'm sorry to read of the above. Are you aware whether the money in question has been partially refunded to residents as a result or is likely to be please?

Customer: replied 5 days ago.
Nothing has been refunded as the agent are still holding the funds

Have you been able to ascertain if they intend to refund any amount subject to the outcome of the insurance claim or are they not in a position to confirm this at present?

Customer: replied 5 days ago.
Not in a position
Customer: replied 5 days ago.
I have to go to work in a moment so i will need to end

thank you. It seems to me, at the present time, it may be a little early in order to contemplate a potential claim in this regard. However, if a refund is made of a pro  rata amount in view of the insurance claim, then you should have the basis of the claim against your buyers under the National conditions of sale under condition 6.3:

https://prdsitecore93.azureedge.net/-/media/files/topics/property/specimen-standard-conditions-of-sale-residential-property-2018.pdf

if they intend to retain the monies despite the insurance claim then there may be grounds to challenge the reasonableness of the amount they demanded from you in the first place:

https://www.gov.uk/government/publications/form-leasehold-3-application-for-a-determination-of-liability-to-pay-and-reasonableness-of-service-charges

however, as above, it seems to me would need to consider exercising a degree of patience to allow the process to advance a little further. I would anticipate that the landlord or managing agent will wish to confirm the position in relation to the insurance claim before contemplating any refund - for if for any reason the insurance claim is denied or limited, it may ultimately result in an even larger demand potentially if the cost of repairing such works as increased as a result of the storm damage

I hope the above is of some assistance but if you have any further questions, please revert to me.

I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.

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