May I be allowed to respond to Ms Watson's letter in the 3 June Gazette, from the point of view of the solicitor acting for the management company? I frequently receive requests for information from solicitors acting for buyers and sellers of flats. Invariably, I receive a pre printed questionnaire which asks for different information depending on which solicitor has supplied it. Often no thought appears to have been given to obtaining the information from the seller/client direct; for example the amount of the current service charge and when it is payable. The seller should also have copies of the service charge accounts. He or she should also know when the property was last decorated.
Very often, information requested has to be checked with the landlord/management company concerned; for example whether any unusual service charge expenditure is contemplated. If a deed of covenant or licence to assign is required and is sent out in draft, it is frequently returned either incorrectly completed or even not completed at all. This is particularly true with regard to the details of the lease which have to be checked to ensure that they are accurate. Finally, one has to check there are no arrears of service charge, often more than once, as completion dates are altered.
Once the matter is completed and notices served, this information has to be supplied to the freeholder/management company so that they can arrange to collect ground rent/service charges from the new owners for the correct period. All this takes time and correspondence, if not phone calls and emails.
In view of the amount of work involved, which Ms Watson appears to be unaware of, I consider the fees referred to in her letter are very reasonable.
It would be helpful if the Law Society or local law societies could devise a standard form of enquires of a flat management company or landlord of a flat in similar terms to the CPSE enquiries. This would make the solicitor's task simpler and therefore cheaper.
Geoffrey Freeman , Freemans Solicitors and Notaries, Liverpool
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