# Voluntary Surrender 18 months ago but property management company still chasing me



## HlaryRobs (12 Jan 2021)

I agreed a Voluntary Surrender with EBS some times ago and I handed back the keys and they wrote in Oct 2019 to confirm that the loan is paid off. However the property management company have since then chased me for the property management fees accrued since that date. I have repeatedly written to them to give them the contact details of the people at the EBS who can tell them who / when the new owners are. The property management company are adamant that I am still the legal leaseholder and a member despite there being someone else likely living there by now. I  gave the EBS the final statements and contact details of the property management company when I surrendered the property.  I am in London so I cannot even knock on the door and make contact with the new occupant- and of course I have suggested that the prop managers do it as they all live in the same building but they are refusing. Is ownership not legally transferred across to the EBS when they took it back? Not sure where I stand legally.


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## Brendan Burgess (12 Jan 2021)

An interesting question. 

I am not a lawyer. 

I imagine that you would be responsible for the management fees until the property is sold to the new owner.   

I doubt if surrendering it to EBS excused you from the fees. 

I am surprised that the purchaser did not insist that the fees be paid up to the date they took over.   Then EBS would have paid them to make sure that the sale went through. 

You could write to the purchaser? 

Brendan


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## HlaryRobs (12 Jan 2021)

Thanks for replying. Yes, I think the identity of the new purchaser is the key. I need to contact EBS to find out but I cant imagine them being very forthcoming with any details. I wonder what the liability is if EBS has chosen not to sell it for some reason? It is in excellent location close to Temple Bar so there shouldnt have been any problem selling it on. Curiously if EBS are now the legal owner of the property themselves, is it possible that there can be a second owner - ie me?  Just wondering how the law recognises the lawful owner etc.

Basically - can someone who has no legal rights to the property and and not have the title deeds etc also be considered a leaseholder?


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## elcato (12 Jan 2021)

It sounds like there is no new owner and that it is just waiting beurocracy to take it's course.


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## dereko1969 (12 Jan 2021)

Surprised that EBS and your own Solicitor didn't flag this along with other items like property tax etc.


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## HlaryRobs (12 Jan 2021)

dereko1969 said:


> Surprised that EBS and your own Solicitor didn't flag this along with other items like property tax etc.


Yes, we resolved what was due at the time, but no mention was made for ongoing fees after handover. I will go through the small print now


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## Bilbo1 (12 Jan 2021)

I would imagine you are not liable for any fees since the moment you don't own the property anymore. 
I also imagine the new owner (EBS) needs to get in touch with the management company to pay the fees since the day of transfer. It is not up to the previous owner to find out who the current owner is and sign them up. It sounds as if the management company are chancing it?


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## HlaryRobs (12 Jan 2021)

Bilbo1 said:


> I would imagine you are not liable for any fees since the moment you don't own the property anymore.
> I also imagine the new owner (EBS) needs to get in touch with the management company to pay the fees since the day of transfer. It is not up to the previous owner to find out who the current owner is and sign them up. It sounds as if the management company are chancing it?


Yes, the management company have been very difficult to deal with. They asked me if someone is living there when they could just knock on the door. They have said today that they are cutting off services to that apartment in 7 days time.


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## Bilbo1 (12 Jan 2021)

HlaryRobs said:


> Yes, the management company have been very difficult to deal with. They asked me if someone is living there when they could just knock on the door. They have said today that they are cutting off services to that apartment in 7 days time.


That should be a good reminder for the new owner to get in touch with them and pay the fees


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## vandriver (13 Jan 2021)

Waive your right to the 7 day notice!


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## RedOnion (13 Jan 2021)

18 months? It's most likely still in possession of the bank. Does it appear on the Property Price Register? 
If not, it hasn't been sold. Send the details on to the bank, and forget about it.


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## NoRegretsCoyote (13 Jan 2021)

RedOnion said:


> 18 months? It's most likely still in possession of the bank. Does it appear on the Property Price Register?
> If not, it hasn't been sold. Send the details on to the bank, and forget about it.



If it appears on the PPR you can probably pay €5 on landdirect.ie and the folio will tell you the name of the new owner.

You can write to them and the management company telling them to get in touch with each other.


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## HlaryRobs (13 Jan 2021)

vandriver said:


> Waive your right to the 7 day notice!


Yes please - how do I do this? Perhaps write formally to say exactly that?


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## HlaryRobs (13 Jan 2021)

Red Onion and No Regrets Coyote thanks for that. That's exactly what I needed. However, the apartment doesnt appear to be on the register. Its a bit odd because I was registered with the PRTB etc.


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## elcato (13 Jan 2021)

HlaryRobs said:


> Its a bit odd because I was registered with the PRTB etc.


They mean the [broken link removed]which should say whether it was sold and how much.


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## NoRegretsCoyote (13 Jan 2021)

HlaryRobs said:


> However, the apartment doesnt appear to be on the register.



Look at the property price register.

Not the RTB register.


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## elcato (14 Jan 2021)

BTW - It can take a while for a sale to appear on the register so it may be sold but just not actually updated.


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