Freeholder not filling out forms

[jphypno]

I am in the process of selling my flat & the only thing holding it up is the freeholder filling out a questionare. She has been contacted many times in the last 2 months, but still hasn't completed it. Has anyone else had this problem? If so, is there a way around it?

[tenant29]

Why don't you fill in the form and go to her house and just get her signature ?.

If the questions are merely for confirming the status of your ground rent payment ( whether any arrears etc? ) You could offer to leave one or two hundred pounds retention money with your conveyancing solicitor for one year to pay any unpaid demands from the freeholder.

[Worldlife]

This situation could well happen where the freehold is shared between leaseholders and there is no formal arrangement to pay a peppercorn rent.

Where estimates and bills for repairs are considered and settled as they arise there is seldom an agree bank account from which complete payments are made and individual leaseholders can contribute their part.

Never the less there could be issues that could not be resolved in the manner suggested and it would be interesting to know the way ahead should there be a freeholder or leaseholder dispute that obstructs a sale through delayed completion of paperwork.

[Poppy]

You could ask the purchasers’ solicitor whether they will accept proof of certain payments from yourself.

For example:
- Write to the buildings insurer and ask them if they will provide written proof directly to the solicitor of cover bought and the date this relates to. Expect the buildings insurer to charge fee for doing this, for which you should pay.
- Provide proof of the most recent ground rent demand/invoice and payment (hope you didn’t pay by cash without a receipt).

Unfortunately you cannot provide proof:
- that you have not breached the lease
- that all demands for service charge have been paid
- that the reserve fund (if any) is sufficient for expected needs
- of any future anticipated expenditure

My guess is that your freeholder is being asked to provide copies of several documents, therefore getting them to sign a form is not the only thing the purchasers’ solicitor is asking for.

If your freeholder won’t play ball and you lose the sale, you will have to take legal action against them.

Was it the same freeholder when you purchased? How did they behave?

[Tracy]

Hi

I have a similar problem, I am trying to buy the freehold of my property, my solicitor has written to the freeholder and they have agreed to sell as long as my solicitor sent an undertaking that I would pay their legal fees as well, which I did, however since then they have not replied to any letter my solicitor has sent and the purchase cannot progress to completion. Have you had any luck with your sale?

Can anyone offer any help what to do in this situation.