My solicitor and freeholder's solicitor disagreement slowing sale down - Who is right?

[Mekrel]

I'm in the unfortunate position where our seller's are threatening to pull out of the chain if we don't exchange and complete this month.

What's slowing this down is the sale of my leasehold flat, more specifically, it appears our solicitor and the freeholder's solicitor aren't in agreement on some documents that are required. I'm confused as to who is right, or wrong and wondered if someone on here can shed any light?

My solicitor is saying two management packs are required. One being the management pack from the management company (I paid for this 6th September), the other being a landlord/freeholder pack. According to my solicitor this is because I pay my service charge to the management company, and I pay the freeholder directly for the ground rent.

It appears the freeholder's solicitor doesn't think a second management pack in required. I've personally only ever heard of needing a management pack.

Who is right? As mentioned, I'm not flush with enough time for the solicitors to be going back and fourth on this but I don't know enough about this to get involved and tell X or Y is wrong.

 

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your paying your solicitors fees so you need them to sort this

 

[BUDFORCE]

Yup there isn't a set answer I'm afraid as it's dependent on the specific setup.

 

[Mekrel]

Urgh, I'm pretty confident the chain will collapse next week - all because of the freeholder's solicitor being at best, incompetent or at worst, spiteful.

With no pack forthcoming my solicitor has asked for these simple things:

1) confirmation if there is a notice of charge and assignment is to be served on the landlord/solicitor on completion, and if so the fee applicable

2) confirmation if a Deed of Covenant is required to be entered into, and if so the fee applicable

3) confirmation of the current ground rent payable, if this is paid to date and if not details of any arrears and confirmation of the period covered by the latest ground rent demand

1 & 2 literally need a no or yes, and if yes, the fee. The last one just requires a confirmation of the ground rent being paid, when and if it's up to date (which is is). Essentially, a sentence is needed on the last bit.

The freeholder's solicitor have just been extremely unhelpful. One of their replies to a deed of variation was disingenuous, stating one isn't required because in their view, the ground rent increase is not unreasonable. I'm actually in agreement on that point, not that mine or their opinion matters when it's the lender's prerogative. However why they completely chose to ignore is the fact the ground rent is above £250 today.

Leasehold reforms discussed in the King's speech can't come soon enough. People are being held prisoner in their homes because of how complicated selling a leasehold property is.

 

[BUDFORCE]

Leasehold reforms discussed in the King's speech can't come soon enough. People are being held prisoner in their homes because of how complicated selling a leasehold property is.

I'm with you in this respect, its a ******* state quite frankly.

The Scottish do things much better up there, their laws are far simplier.