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Arghh!! Moving house and conveyancing frustrations

(35 Posts)
Germanshepherdsmum Mon 29-Apr-24 12:41:32

ferry23

Ah right, so a member of the Management Committee (i.e any resident) goes into said solicitor's office and asks them for a document they hold relating to the Management Committee, which they are quite entitled to see. The solicitor gives it to them, and the resident then hands the document back to the solicitor saying "this is the information you require for you clients Mr & Mrs xxxx".

Or what is it that I'm not understanding?

A member of a management company is not the client of the management company’s solicitors. I own company shares but that doesn’t entitle me to go to the companies’ solicitors and ask for company documents!

Unfortunately your management company seems to be very badly managed. If the management company’s solicitors hold documents which you need surely the new secretary can contact the solicitors and request them - though I would be very surprised if the solicitors hold as much information as you think they do. I have also expressed doubt that the accounts are filled at Companies House as this is not usual for a small company - but there’s nothing to prevent you from looking online and downloading whatever relevant information there is.

Most management companies are organised in the way that Fran describes and all the necessary information is provided to purchasers’ solicitors for a small fee. You are unfortunately paying the price for bad management.

ferry23 Mon 29-Apr-24 11:43:43

The LPE1 is the problem - the Chair has sent it back to my solicitor but he has marked some documents "to follow" - he hasn't yet sent them and he is away overseas for a month and we're waiting to exchange contracts. I've managed to get a copy of the Fire Risk Assessment and other bits and pieces required, but the only other route for one piece of information are the solicitors who act for the Management Company - also the solicitor for my purchaser.

So I now have to ask them to give me that information - which I'll then pass back to them.

Unfortunately our Chair seems to be the person who has all the backdated information and he appears not to be very adept IT wise. Our previous Secretary is no longer with us and although we have a new Secretary who is proving very efficient, she doesn't hold the information required which dates back as far as 2006 in one case and 2016 in another.

Which is why I'm now trying to fill in the gaps of the LPE1.

I feel like I'm gradually disappearing down the rabbit hole!

Franbern Mon 29-Apr-24 11:18:17

As Secretary to our block of flats self-managed company, I keep on the computer the last few years accounts that have been presented and accepted by our AGM's. These are then just sent as an attachment to an email to venfors solicitors for them to pass on to the purchasers solicitors during each and every flat sale.

Also, sent in same manner - are the AGM minutes, building insurance, Fire Risk Assessment report, (all of which are required by purchasers solicitors). plus any other paperwork that may be requested.
There is a form, (LE1) with has many questions which is usually the first piece of paperwork required. I, on behalf of the Management Company, collate and send off this information. Not the seller of the flat.

ferry23 Mon 29-Apr-24 11:04:21

Ah right, so a member of the Management Committee (i.e any resident) goes into said solicitor's office and asks them for a document they hold relating to the Management Committee, which they are quite entitled to see. The solicitor gives it to them, and the resident then hands the document back to the solicitor saying "this is the information you require for you clients Mr & Mrs xxxx".

Or what is it that I'm not understanding?

Germanshepherdsmum Mon 29-Apr-24 10:12:41

You obviously don’t understand that a lawyer can’t go looking through the files of one client to provide information to another.

ferry23 Mon 29-Apr-24 09:53:30

"they can’t go looking in the files they hold for another client, the management company, to find information!"

Why not? They've asked the Management Company for this information as well as me.

The accounts on Companies House website are exactly the same as those distributed to residents.

Germanshepherdsmum Mon 29-Apr-24 09:31:59

OP, it’s your obligation as the seller to provide the information the purchaser’s solicitors needs and that includes all the management company information. The management company’s detailed accounts will not all be available from Companies House and they can’t go looking in the files they hold for another client, the management company, to find information!

ferry23 Mon 29-Apr-24 09:25:49

Shame you didn't hire that hit man Petra - I'd be asking for his name grin

petra Mon 29-Apr-24 09:18:43

My last move was so bad I had visions of hiring a hit man to see to certain parties.
And then when we thought it was all over ( 3 months in new property) we received a court summons for non payment of council tax on the property we had sold.
Reason being: my buyers solicitors hadn’t registered the property in the new buyers name.

ferry23 Mon 29-Apr-24 09:11:36

I'm moving from a flat in a purpose built block to a bungalow. Because my purchasers are using the local office of my solicitors, I am having to use another branch.

I mistakenly thought the two offices would work in harmony. That was my first mistake.

I seem to have entered an Alice in Wonderland world whereby yet again, just to prolong the process, I'm having to take a hard copy - this time the buildings insurance policy into my local (purchasers) branch, who will, presumably, photocopy it (all 162 pages) and DX it to the branch I'm using, who will then DX it right back to the local branch. confused. I can't leave it with them as it's the only copy the Management Company have and I've been asked that I take it back to the Secretary straight away.

I've also been asked to provide (amongst a gazillion other things) 3 years back accounts from the Management Company (we're self-managed, very efficiently). I started to unpack a box of documents when it occurred to me that the accounts would be readily available to my purchasers solicitor - or even my own solicitor - on Companies House website.

Details of lease extension costs and procedures? On file at the local branch of said solicitors as they act for our Management Company - but I've got to supply that info. So I'll be taking into them a letter which they sent me and have on file. How does that make any sense?

It seems that I'm paying vast amounts of money for the pleasure of locating and supplying information that is pretty much at the fingertips of the solicitors.

I realise that there are certain protocols that have to be followed, but as long as it doesn't breach professional obligations then I see no reason why they can't access this information themselves.

I wonder if there's any other country in whole world with such an onerous and long-winded process for moving house. I honestly doubt it.