Privaty of Estate

[Oh Dear]

Is there a website that will explain this as we have just purchased an apartment and the agents are trying to charge us the excess service charge for the previous year

[bednobs]

i dont know what privaty of estate is, but why didnt your solicitors check out if there was any unpaid service charge? When i moved out of my flat, i had to prvide evidence i ws up to date with the sevice charge to the purchasers solicitors

[Oh Dear]

The excess service charge was unknown at this stage, all invoices etc have to be in before the agents can calculate the final spend for that year and if they have collected enough money over the previous year.

[bednobs]

but i still dont understand why your solicitor didnt check it was up to date!

[bednobs]

or do you mean that things have to be paid for and there isnt enough money in the "pot" from the service charges?

[MustafaTickl]

You mean Privity of Estate. It is the concept in property law that there is a legal relationship between a landlord and a tenant, with shared rights and responsibilities. The landlord and tenant share an interest in the same property.

I have no doubt that if you read carefully what you have signed up to that you are liable. If you have received something about the charge that contains the phrase "privity of estate" it is a veiled way of saying that if you don't pay up we'll chuck you out and see you in court.

[themas]

Your solicitor should have put a clause in the sale contract making the seller liable for any service charge applicable to the period up to the sale date, or alternatively one a reserve amount should have been held by the solicitor to pay it when the amount had been identified.

If your solicitor did not do this, you may have a claim against him/her. Talk to him/her in the first instance.