Awaiting Deed of Variation and waiting and waiting

kae0r

Im buying a maisonette and before I move in the vendor has agreed to expend the lease.

I agreed a price in Feb and it has taken until June 4th for both parties to agree a fee. I've now been waiting 4 weeks for the Landlords solicitors to draft the deed of variation and send it to the vendors solicitor who will in turn send it to my solicitors.

What I want to know is if this is a normal time frame?

Considering there is no chain and im a first time buyer I am honestly ready to explode with the lack of communication between both third party solicitors and how long everything takes. Since I have no experience I dont know if this is a normal time frame but if it isn't I am going to try and report both to the conveyancing equivalent of trading standards.

If there is anyone else anyone can suggest I would appreciate it. I want to do everything in my power to push this through and im basically in the dark twiddling my thumbs... honestly this has taken so long my tenancy agreement has expired and im sofa surfing waiting for completion.

All i get back from them is they are waiting and are chasing and to be patient... THANKS.

zzzLazyDaisy

kae0r wrote: »

I've now been waiting 4 weeks for the Landlords solicitors to draft the deed of variation and send it to the vendors solicitor who will in turn send it to my solicitors.


I dont know if this is a normal time frame but if it isn't I am going to try and report both to the conveyancing equivalent of trading standards.

This is not what you want to hear, but..... buying property is stressful and when there are extra spanners in the works (like the extension of a lease) it gets extra stressful.

One thing you can forget about is reporting any of the solicitors involved to the Solicitor's Regulation Authority (the solicitors 'trading standards').

Why? Because you only have a contract with your own solicitor, and your solicitor has not done anything wrong. Neither the landlord's solicitor nor the vendor's solicitor have any contractual duty or owe any duty of care to you.

Why did you give notice on your tenancy before you had a date for exchange?

How long is it since you had your offer accepted and obtained your surveyor's report?

Yes it is very frustrating, but all you can do is to keep in contact with your vendor in the hope that they will put pressure on their landlord and their solicitor. The estate agent may also be able to make some calls on your behalf.

Other than that, all you can do is to continue to chase your own solicitor, and make it clear to the estate agent and vendor that you won't wait forever.

G_M

The only way you can bring pressure to bear is to tell the vendor you will withdraw and buy elsewhere if the matter isnot progressed within the next x days/weeks.

The vendor will panic (if they believe you!) and put pressureon their solicitor.

Who will (perhaps) put pressure on the freeholder's solicitor.

Who may or may not take action....

You might be wise to quietly start looking at other properties in the meantime. If you find something else youlike, you'll be in a stronger position to make, and carry out, the hthreat.

kae0r

zzzLazyDaisy wrote: »

This is not what you want to hear, but..... buying property is stressful and when there are extra spanners in the works (like the extension of a lease) it gets extra stressful.

One thing you can forget about is reporting any of the solicitors involved to the Solicitor's Regulation Authority (the solicitors 'trading standards').

Why? Because you only have a contract with your own solicitor, and your solicitor has not done anything wrong. Neither the landlord's solicitor nor the vendor's solicitor have any contractual duty or owe any duty of care to you.

Why did you give notice on your tenancy before you had a date for exchange?

How long is it since you had your offer accepted and obtained your surveyor's report?

Yes it is very frustrating, but all you can do is to keep in contact with your vendor in the hope that they will put pressure on their landlord and their solicitor. The estate agent may also be able to make some calls on your behalf.

Other than that, all you can do is to continue to chase your own solicitor, and make it clear to the estate agent and vendor that you won't wait forever.

No I did not give notice, it expired and I could not move to a rolling contract.

Everyone is chasing everyone but it makes no difference. I'm amazed at how poor they are at getting communications out and letting everyone know whats going on. Seriously I have heard nothing of any detail from the outset until out of the blue something happens.

How can it take 4 weeks to draft a deed of variation.... honestly....

My offer was accepted on Feb 20th - my surveyors report was delayed as initially my solicitor instructed me to waiting for the lease agreement to be negotiated and the contract to be with them. Thankfully I went ahead anyway else it still wouldn't be completed... I had it completed and with me in writing on March 22nd.

Since them I waiting for lease extension negations to fail without a surveyor... a surveyor to be hired and carry out a valuation and then further negotiations which concluded on 6th of June. Now its taken 4 weeks to write it in a deed of variation......... seriously what are they doing sitting on their hands???????

Im done with the legal industry.

kae0r

I've already invested 4 months and over 1k in the property in searches, evaluations etc... they know I'm not going to pull out.

If i treated my clients like this I would be sacked so quickly...

G_M

kae0r wrote: »

No I did not give notice, it expired and I could not move to a rolling contract.

I don't understand.

When the tenancy fixed term expired did you:

* sign a new one? or
* move out? or
* stay and automatically move to 'a rolling contract' (Periodic tenancy)? or
* something else?

See:
Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

kae0r

G_M wrote: »

I don't understand.

When the tenancy fixed term expired did you:

* sign a new one? or
* move out? or
* stay and automatically move to 'a rolling contract' (Periodic tenancy)? or
* something else?

See:


My tenancy agreement came to an end - I needed to sign another 12 months or more out... so im moved out and put my belongings in storage. Im currently living in my mates front room.

The lease is agreed and as soon as the deed of variation is with my solicitor and agreed (if there is no issues with terms) then im home free. Its taken so long the woman im buying off has already moved out of the maisonette im buying... its just taking the landlords solicitors forever to get it sorted.

kae0r

kae0r wrote: »

G_M wrote: »

I don't understand.

When the tenancy fixed term expired did you:

* sign a new one? or
* move out? or
* stay and automatically move to 'a rolling contract' (Periodic tenancy)? or
* something else?

See:


My tenancy agreement came to an end - I needed to sign another 12 months or more out... so im moved out and put my belongings in storage. Im currently living in my mates front room.

The lease is agreed and as soon as the deed of variation is with my solicitor and agreed (if there is no issues with terms) then im home free. Its taken so long the woman im buying off has already moved out of the maisonette im buying... its just taking the landlords solicitors forever to get it sorted.

this is massively besides the point.. the fact of the matter is I need to exchange and complete ASAP and the landlords people are taking 4 weeks to write a letter of variation

G_M

My tenancy agreement came to an end - I needed to sign another 12 months or more out...
no you did not. See the link above.

so im moved out and put my belongings in storage. Im currently living in my mates front room.
Sadly by moving out when you did not need to you put yourself into this stressful position.

Completely avoidable.

The lease is agreed and as soon as the deed of variation is with my solicitor and agreed (if there is no issues with terms) then im home free. Its taken so long the woman im buying off has already moved out of the maisonette im buying... its just taking the landlords solicitors forever to get it sorted.[/QUOTE]

As for the Deed issue, see earlier advice above.