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

HlaryRobs

New Member
Messages
8
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.
 

Brendan Burgess

Founder
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42,956
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
 

HlaryRobs

New Member
Messages
8
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?
 
Last edited:

elcato

Moderator
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3,575
It sounds like there is no new owner and that it is just waiting beurocracy to take it's course.
 

dereko1969

Frequent Poster
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2,864
Surprised that EBS and your own Solicitor didn't flag this along with other items like property tax etc.
 

Bilbo1

Registered User
Messages
34
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?
 

HlaryRobs

New Member
Messages
8
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.
 

Bilbo1

Registered User
Messages
34
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 :)
 

RedOnion

Frequent Poster
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5,257
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.
 

NoRegretsCoyote

Frequent Poster
Messages
2,209
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.
 

HlaryRobs

New Member
Messages
8
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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