Right to buy do I need a solicitor?

upferret

Hi, I am currently in the process of buying my council flat. I have a loan for the money. I have had a meeting with the council person in charge of leaseholders and she explained all the charges we will be liable for and went through eveything she though we would need to know. we are happy with that and now have been sent a solicitors letter from them with a draft lease. theyve asked us to copy this for our records (or they can copy it for £45!) sign it and sent it back to them with a "copy of the HM land charges search" for bancruptcy.

can we proceed without a solicitor easily? I think we can but we keep being told we should use one. any advice?
Thanks

moremore

NO, get a solicitor and question everything, is it a flat or a freehold, if freehold not too bad but a flat that would be a disaster without a solicitor, remember that you payback discount will be over 5 years but and you searches will be for 5 years also. Therefore if the council wants the ground or property back then they will have a right to buy it back from you...

Check services charges as it will be the biggest charge on your property and indeed some council's charge for this service that they do not provide as they will always blame the tenants for leaving their flats and causing the common areas to be dirty. Digital aerials this fee will be paid to the council’s contractor regardless whether you have a TV or not, some council's make this charge purely for their contractors....
Councils will always look after their contractors and their employees but if you are a normal tenant they are classed as second class people as opposed to long leaseholders as they can their council to tribunal for charging too much service charges whereas tenants do not have this right, which is ashamed as tenants pay large service charges as well but get all the blame for common areas being dirty due to the council not providing a caretaking services that they pay through the nose for....

Do not think that its the council that you will be OK, in fact they have all the power compared to the average landlord. They will change policy and will not give tenants or long leasehold notice appropriate notice when their contractors are carry out work and their block are not safe ie for fire regulations etc.....

Errata

The council won't let you proceed without a solicitor.

phill99

How do you know the council lady is telling the truth? You need someone to independently verify what she is saying as well as confirming the status of the title WTC.

Only a solicitor can do this.

roonaldo

You cannot proceed with a house purchase without a solicitor. The council's solicitor are not acting for you.

AnnieO1234

PPs are wrong to say you can't proceed without a solicitor but it would not be advisable to do this.

You don't mention much about the loan and if you have borrowed an unsecured sum already to use which could be considered fraud. If it's from a friend you definately need legal advice.

You would be taking a huge risk to do this yourself. It is possible but don't be surprised when something bites you a few months or years down the line as per what PPs have said.

BitterAndTwisted

You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many, MANY leaseholders have been stung for contributions of tens of thousands of pounds, and you're sometimes only given a matter of weeks to find the money.

Only a suicidal maniac would attempt to buy or sell a property without using a conveyancing solicitor, never mind a Council RTB!

Errata

PPs are wrong to say you can't proceed without a solicitor but it would not be advisable to do this.

Nonsense - Councils won't proceed unless the purchaser has a solicitor. They have a duty of care towards their tenants.

upferret

It is a leasehold.They WILL let us buy it without a solicitor, the loan is from a bank, we already have in writing the proposed works for the next five years and they cant charge us for anything not on that list. We already know about ALL the charges, we have it in writing and they cannot charge us for anything they havent stated.

BitterAndTwisted

Why would you choose to compromise on the biggest purchase of your life for the sake of a grand?

AnnieO1234

Again OP I would advise DIY conveyancing, you need to be certain there is no clause within the lease allowing for these charges to increase. You need to know if there is a sinking fund in the event of something unforeseen occurring in next five years. I certainly can't believe that they've given you anything other than ballpark figures (a lot can change even costs of materials in five years) and, more importantly, doesn't take into account unexpected works.

Take a look at this link about DIY conveyancing if you're determined to do it yourself. If you don't have a legal background in anyway, or don't know someone who can cast an eye over the lease I really think your going to hit trouble. It should only cost you maximum of around £500 realistically on a RTB.

http://www.homewardlegal.co.uk/blog/diy-conveyancing-fact-you-can-do-it-yourself