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Lawyer21, CILEx Lawyer
Category: Property Law
Satisfied Customers: 313
Experience:  CILEx Lawyer
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I recently bought a flat in Manchester. The flat was rented

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Good morning, I recently bought a flat in Manchester. The flat was rented out to the same tenant that is occupying it now. Completion date was the 22nd of Nov. 2019. Rental due date is the 19th of each month. The property was previously managed through a letting agency. The tenant paid his rent to the letting agency on the 19th of Nov. As i am the owner of the flat from the 22 of Nov. i asked the agency to return me the due part of the rent they had received from the tenant on the 19th of Nov. The agency told me my solicitor should have discounted that value from the price i paid at completion. My solicitor tells me that it's the agency that should give me the money. I am in between two parties blaming each other and i have no power to move things forward. What is the law in this case? Who should have done what, or who do i have the right to request the rent paid on the 19th of Nov.(detracting the 19th, 20th, 21st of Nov.) to?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: The purchase of the flat has been completed, all papers signed
JA: Have you talked to a lawyer about this?
Customer: no
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hi How Can I help?

Your solicitor should have done this as they were dealing with the purchase of the flat and not your agents.

 

 

You should ask for the Completion Statement from your solicitor which will show what was charged and the amount.

 

 

 

Thank you

Customer: replied 4 days ago.
Is there a law stipulating who does what in this sort of situation?
Customer: replied 4 days ago.
If i had some references in terms of laws, rules or anything that i can present to my solicitor to say "you should have done that because this is what the law says", that would be of great help. Otherwise my solicitor will just keep telling me the same thing over and over

Your solicitor must provide you with a Complete Statement - this is your legal right - did you receive one? If the file has been closed you are entitled to obtain a copy of the file known as file of papers.

Thank you

How much do you think is owned?

Customer: replied 4 days ago.
approximately 620GBP
Customer: replied 4 days ago.
I have the completion statement and it does not include any rent, which means they havent considered it at completion stage. Did they forget and they dont want to admit it? possible...but where do i stand now, what are my rights?

I see -you must get the completion statement of request file of papers - your solicitor must provide this to you within 7 days - you can also take up the matter with the Solicitor Regulation Authority - SRA

 

Then you need to get the entire file of papers as they may have forgotten. They needed to make sure extra check were done especially when the property is being purchased with tenants

 

 

Everything will show up on the file - if you send a email and/or letter to your solicitor by Recorded delivery they cannot deny they never knew about this.

Customer: replied 4 days ago.
I agree...ok so i will request the "completion statement of request file of papers". I just checked and i have a draft completion statement with more details, but nothing about the rent

It cannot be a draft but be the final one.

 

 

 

Thank you and Good luck

I would be grateful if you give me a positive rating by clicking on the above and press submit- I would appreciate it many thanks

 

Customer: replied 4 days ago.
Ok this should also show whether they checked that the Service Charge and the Grount Rent had actually been paid on the 1st of October by the vendor, as these charges were included in my completion statement. The only problem is that yesterday i received a request of payment for the Ground Rent, meaning to me that, apart from a possible mistake, the Ground Rent had NOT been actually paid by the vendor, even though i was charged for that in the completion statement

Yes they may have also retained payment for retention of device charge- you must raise this with them too

Customer: replied 4 days ago.
Please could you confirm the title of the document i need to request is "completion statement of request file of papers"

Completion Statement and a full copy of the file.

Thank you

Customer: replied 4 days ago.
i will give you full marks if i get the answers i need
Customer: replied 4 days ago.
retention of device charge: what does that refer to?

They keep a certain amount of money in case of you are responsible for service charge period

I have give you all the answers

You just need to follow this through now

 

Lawyer21 and 3 other Property Law Specialists are ready to help you
Customer: replied 4 days ago.
OK thanks