Deed of Assignment - Leasehold Property
Whilst I'm here to pursue debt collectors and get redress, I expect as most of you all are, I also have another issue I would like some guidance on. This may or may not be related and I'm open to feedback as appropriate. I acted as Executor for my late Mother-in-Law, was granted probate and proceeded to sell er leasehold retirement flat. The sale was agree quickly, the conveyancing process was a nightmare, it tool nearly 6 months to complete. I turns out the lease on the flat is 'defective' - that's the word used by my solicitor. The lease does not is missing the Third Schedule that contains the details of all teh charges the landlord - Anchor Hanover Group will charge for both maintenance, service charges and the 'sinking fund'. Neither, when this flat was purchased was there a 'deed of assignment' as part of the purchase / conveyancing process when my mother-in-law bought the property. It turns out Anchor do not have the full lease - I've requested a full copy and only ever get back what my solicitor already has. The buyer's solicitor on this occasion was wanting a full surrender and re-write of the lease for her client and I'm told I would be liable for the costs. My solicitor and the other solicitor squared this away via 'Indemnity Insurances' which my solicitor told me was common practice - this cost me £300. back to the issue of the defective lease. At the last minute at the point of completion, Anchor wades in with a demand for £13k for the sinking fund fee, which they claim is specified in the lease (schedule 3). The Third Schedule is missing and there is no evidence my mother-in-law ever signed it. Would the Law of Property Act 1925 & 1989 be applicable here? I'm guessing it would be unless anyone here can point to something else?