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Buying Flat - Rejected Retention for Unexpected Roof Work

4 replies

YonaL · 15/06/2020 15:02

My partner and I had our offer for the purchase of a flat in London accepted end of February. At the time, we felt we got a really good deal but now that the property market has collapsed due to Covid-19 the price we got is good but less so. From our initial viewing onward, we frequently asked the estate agent whether any significant work to the building was planned (specifically mentioning the roof) and were assured that there wasn't. In the past month we were suddenly told that there are leaks in the roof and that our share would be 4,500 GBP. The landlord and tenant organisation have already sought quotes and a section 20 works notice has been issued. As they haven't made a decision yet on the extent of the work they want to execute, our solicitor asked for a retention of the 4,500 GBP from the purchase price. The first retention request was rejected by the seller's solicitor and our estate agent said that retention is normally only agreed if the work is already scheduled. Considering the collapse of the housing market and other costs we need to put in the flat (incl. leasehold extension, completion of unfinished second bathroom, etc), we think it is unreasonable that they rejected our retention request, especially as we are willing to negotiate the amount of money. Is it indeed unusual to get a retention in this situation?

OP posts:
Lightsabre · 15/06/2020 15:15

I don't know about retention but personally I'd withdraw from this purchase if they're not prepared to be flexible. Leasehold issues can also be expensive to resolve. There must be thousands of other London flats without these issues.

Spickle · 15/06/2020 19:53

YonaL Your query is of a legal nature. The estate agent is a sales person who has no legal knowledge (or is not trained to have any legal knowledge). So, asking him about planned works is not something he will know about in the legal sense, Secondly, the estate agent is working for the seller to sell the property. Your solicitor is who you should be talking to.

During the course of the usual conveyancing for a leasehold property, the sellers would be expected to pay for and provide a leasehold/management pack, which would contain evidence of the service charge accounts for the previous three years, together with any details of any Section 20 notices served or any planned works which are not yet completed and/or paid for.

Your solicitor is right to ask for a retention for a possible shortfall in service charges for the current year, together with a suitable amount for any planned works which are due to go ahead. However, the sellers solicitors may agree a retention for a shortfall in service charges, but may argue that the future works which are planned will benefit you rather than the seller and therefore should be your responsibility. You could agree somewhere in the middle if the sellers are agreeable, or perhaps renegotiate the purchase price, but it is very much a negotiation between all of you.

If any retention is agreed, it will be held by the seller's solicitors and you would need to apply through your solicitor to request all or part of the retention either when a bill for the works is invoiced or when the final accounts for the current year are produced.

How many years remain on the. lease? The sellers can begin the process of extending the lease (assume they have owned for 2 years) but at your cost, or you can do this yourselves once you have owned for 2 years.

Not sure why you think the property market has crashed. As far as I am aware there are more properties coming onto the market and buyers are still buying and estate agents and conveyancers seem to be getting busier day by day.

finchBird2501 · 16/06/2020 08:41

Sorry you had that nasty surprise. I would be more concerned about the lack of honesty from the vendors regarding the roof when of course you were going to find out the truth. You mention an unfinished bathroom ... do you know why it was left unfinished? (The real reason ... not the reason the EA gave you...) I wouldn't trust anything they tell you and would have a contractor or surveyor to look carefully there as well. Maybe the vendors had hoped you would have exchanged by now and would find out too late that £4500 is owed. Maybe one good outcome from the lockdown?

CrotchetyQuaver · 16/06/2020 08:57

As above, don't discuss this with the estate agents - they could tell you anything without future recourse. You need to do all this through your solicitors to end up with something watertight. The estate agents are working for the seller not you.

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