To still be liable for works 4 years later

[ecossegirl91]

4 years ago it transpired that my flat required repair works done to the building. I was selling my flat at the time this came to light and as part of the selling process agreed to pay for the repairs instead of the buyer. This was all done and my funds were released to the factor for the job. (The factor has had my funds for four years and has not passed on any interest to me despite there being an agreement with all the residents that they wouldn’t profit off the interest - the overall works was circa 200k split out via flat owners)

four years later this still has not been done, the original quote has expired and they have found a new company to do the work and it’s more expensive and I have now received a letter and invoice asking me for more money.

does this feel unfair to you and maybe now the person living there should pay? Or is it still on me? I moved out 4 years ago and paid my share as per the agreement at the time.

also sorry if this isn’t in the right forum!

Yes, I’d engage a solicitor. Building works have increased in cost exponentially but there’s no reason that they couldn’t have completed them before now. They’re trying it on.

I would speak to the solicitor who did your conveyancing for the sale, in the first instance. IANAL, but I think it's going to come down to precisely what was agreed in the contract. As unfair as it feels to you (and I would feel the same!), it's going to feel equally unfair to the new owner, who bought the flat, believing the repair cost would not fall to him/her.

It’s been so long that my conveyancer is no longer in operation!

and I understand your point @MissLucyEyelesbarrow about it being unfair for the buyer however it would only be the excess they’d need to pay, the bulk is already covered by me (around 1.7k) and it’s an additional £500 they are invoicing me for. It’s unfair for both sides tbh, I’m just now a mother on mat leave with very little income left for this bill!

Of course you're not liable. They are trying it on! Just send a reply, stating that you paid the agreed amount at the time, you haven't been there for 4 years, and that any agreement made subsequent to your leaving was never agreed by you, so they will have to invoice the current resident. You are crazy if you pay this. Alternatively you could just ignore them.

I would say it depends on the agreement you had with the purchaser at the time of the sale the best person to advise you on that is the solicitor who acted for you at the time

You should have a copy of your sale contract?
You certainly shouldn’t ignore it or assume you are not liable (Com property solicitor)

I agree with those as saying it depends what was agreed. If it was an open ended "pay for the repairs" then you were badly advised and you would surely still be liable. You would usually want a clean end to any house transaction so agree usually a specific reduction in sale price. I'm not sure why that wasn't recommended to you.
If it was you will pay the specific invoice/amount that was in question at the time, then I can't see how you'd be liable.
Engaging legal advice may be more expensive than the bill but you could check any house insurance or employee assistance scheme your company has to see if you can get advice or guidance.

I also agree with the notion that it depends what was agreed.

Get legal advice and then I would try it on and write a letter back outlining that you have paid your share of £XXX from the original quote and that the new owner is liable for the balance of £XX.