Conveyancing Advice – Lost Share Certificate

raw

Hi,

I bought my first property last year and lets just say the conveyancing process was less that smooth, found out after I received the keys that the two law firms that were working for myself and the seller had prior history and consequently everything took longer than it should have.

Anyway prior to exchanging I was informed that the share certificate for the lease that was being issued to me had been lost somewhere in the process both law firms were pointing fingers at each other, anyway I was told this was not an issue and my solicitor wrote to me saying that they would continue to get the share certificate re-issued and sent across to me. After numerous emails and my solicitor pretty much now ignoring me I feel that this is never going to happen it is now 11 months since I first got the keys and am reading that the share certificate is important if I ever come to sell and could delay things and would rather act on this now rather than leaving it for the future for when I come to sell the property years down the line.

What should I do, should I keep on at my solicitors to get this re-issued to me? Is there another angle I can take?

Is it an option to write to the building management company to see what is necessary for me to get a certificate issued myself?

Thanks for any help

TrickyDicky101

Hi

I assume you mean the certificate for the shareholding within the company that owns the freehold to the building in which you have bought a lease?

You should be able to request a new certificate from the Company Secretary of the company. You may need to provide an indemnity to the company (in connection with the old one having been lost/destroyed) and there could be some admin fees that you will need to pay to the company (you may be able to recover these from your solicitor who lost the original).

raw

Thanks, would you recommend first write to my solicitor to say that I am going to do this and any charges that I incur will be requested from them, any idea roughly how much this may be?

I have just downloaded a document from Companies House listing full details of the share holders and can see my name is on there.

Thanks

AdrianC

raw wrote: »

Thanks, would you recommend first write to my solicitor to say that I am going to do this and any charges that I incur will be requested from them, any idea roughly how much this may be?

No, no benefit or point at all in going back through the Solicitor. Just write straight to the CoSec of the Ltd Company, and deal direct. This is between you and them alone.

hanwellmike

AdrianC wrote: »

No, no benefit or point at all in going back through the Solicitor. Just write straight to the CoSec of the Ltd Company, and deal direct. This is between you and them alone.

Agree fully. Get this sorted out now by dealing with the CoSec now otherwise this will be a problem when you come to sell as it is likely that you will need to surrender the share at that time.


By the way I would say that your solicitor has let you down badly by not acquiring this important document on your behalf.

TBagpuss

raw wrote: »

Thanks, would you recommend first write to my solicitor to say that I am going to do this and any charges that I incur will be requested from them, any idea roughly how much this may be?

I have just downloaded a document from Companies House listing full details of the share holders and can see my name is on there.

Thanks

Yes. Use their formal complaints procedure (details should be in your original client care letter) I would suggest that you call the company forst to find out what the charges are likely to be and in your letter state that if the solicitors are not able to resolve this and provide the certificate within [reasonable time frame, such as 28 days] you will do so and will expect them to reimburse you for the costs involved.

If they never had the certificate then they are not however responsible.