£12k s20 notice revealed after completion

[lessonsintightropes]

Hi all

We have just moved into a leasehold property and have been informed by the freeholder that we are liable for one quarter of the cost of a new roof. Notice had been served on the vendors who then lied on the form. The freeholder (a housing association) was spoken to verbally prior to completion and apparently confirmed at that point no works were due.

Any idea on what to do about this? I accept (reluctantly) we will have to pay the £12k, but surely someone is at fault here?

What have your solicitors said ? If they knew about it and they failed to disclose it I would think (and hope) you could claim it back

Go back to your Solicitor immediately.
I'd also post this up on the legal board.

Best of Luck!

Your solicitor should have asked the freeholder (managing agent) to complete pre-sales enquiries, which as standard ask if any Notices have been issued. If your solicitor failed to do that, I would suggest that they're at fault.

Unfortunately the debt travels with the holder of the lease as it's their obligation to pay it, so if they've issued the notices correctly you can't avoid paying it as you have an obligation to contribute under the terms of the lease.

LBOCS our solicitor did ask everything he should have; the previous leaseholders did not disclose and the housing association told us before completion that there were no outstanding works.

I am not sure I can cope with an expensive and drawn out legal battle with our vendors and as the work has not even started, accept that we will probably have to suck it up. Thankfully we do have the money to pay for it - but think it's pretty rotten we've been treated this way - we probably still would have bought the flat but this is not how we intended to spend a legacy from a much loved grandparent.

They've both misrepresented the property in that case. Although it's very strange that your vendors were asked to complete the PSEs, they don't usually have access to relevant info about other leaseholders so they go to the agents instead. I would query it with your sols. Because if they'd gone to the HA, you could have claimed on their PI insurance.

The fact that you do have the means to pay is not the important factor here OP.
The fact that a notice of this work had already been issued but the Vendor lied is the important factor.

This expenditure should have been reflected in the sales price of the property.

Can you get a copy of the Notice from the HA and as I said, consult your solicitor. They can advise regarding the cost and the amount of hassle it would be to pursue your vendor.