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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 32231
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My landlords solicitor has an LPE1 form to complete to

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My landlords solicitor has an LPE1 form to complete to enable me to sell our leasehold property. He has had the form over 8 weeks without reply other than I am busy. Is it ethical to talk to him direct? What can I do to extract the completed form from him?
JA: Because laws vary from place to place, can you tell me where the property is located?
Customer: Swanage
JA: Has anything been filed or reported?
Customer: The sale is ready to proceed once this document is to hand
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i don’t think so

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 am sorry to read of the above. May I confirm if the landlord uses a managing agent to assist them in managing the property please?

Customer: replied 14 days ago.
No. He manages the block of flats himself with the flat owners to form a management committee
thank you. The management committee to which you refer, is this an informal residents association rather than a right to manage company the residents have formed?
Customer: replied 14 days ago.
Informal residents group

thank you. The starting point is that a landlord and by extension a landlord solicitor is under no statutory or contractual obligation to supply the information requested in an LPE1 form letter because they have raised a charge in order to do so whereupon there would be a contract is between you and them for the supply of information.

Absent the above, the landlord and by extension solicitor cannot be compelled to provide the information requested and therefore you need to consider treading lightly in terms of any demands or requests you make.

Not withstanding the above, it is quite permissible for you to attempt to contact the landlord solicitor directly. There is no prohibition in terms of their being able to talk to you. equally, there is no obligation for them to talk to you.

If you are not able to obtain the information either at all or in a timely fashion, you may will need to discuss with your solicitor the alternative of providing an indemnity insurance policy for absent landlords which despite the name also covers a situation where the landlord is not responding to enquiries and potentially offering a retention to be held for a period following completion to enable the buyers to obtain the necessary information to satisfy themselves that there are no arrears owing.

In respect of certain information requested, you may be able to provide this yourself by reference for example to a recent ground rent demand or service charge account which you may have presumably received from time to time from the landlord. I do not suggest this is a replacement for the information that has been requested but in circumstances where it is not been provided, it can and these provide the buyer with some comfort

Customer: replied 14 days ago.
I have been asked to send cash on account to my solicitor for this work to be done so does a contract exist?

a contract would not arise as a consequence of you sending money to your solicitor but if your solicitor has paid or agreed to pay the landlord or landlord solicitor, then this would be evidence of the contract. Your solicitor will be able to confirm the contractual position in this respect and whether there is anything you can exploit in this regard

Customer: replied 14 days ago.
I have to go. Thanks for your advice

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.

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