Fighting solicitor to let me submit my own SDLT form

chisypasta

Morning,

Our conveyancing solicitor charges £120 for completing and submitting the SDLT forms. Before instructing them I asked if I could possibly fill these forms out myself and I was told that occassionally some lenders require the solicitor to fill the forms out.

We have now had an offer accepted and our mortgage broker has applied for a mortgage with Skipton Building Society. I have contacted Skipton and they said that as long as the solicitor is ok with it then they don't have a problem.

I emailled the solicitors to let them know that I would be submitting the for myself and they have just replied with:

"as to the stamp duty form; we are required to complete this. The reason being that we submit a ‘certificate of title’ to your lender to request the mortgage funds for completion. This certificate is our confirmation that everything is in place for completion, meaning that they can come back on us if it is not. Our confirmation has to cover everything and therefore includes the stamp duty form being in our possession for submission on completion. Unfortunately we do therefore need to do this and there is a fee involved for us completing it."

As far as I am aware the form doesn't have to be submitted until 30 days after the effective date of the transaction (completion) and the certificate of title will have no information on it regarding SDLT so their arguments are irrelevant.

Has anyone else had similar problems? Am I right in thinking that the solicitor and lender have nothing to lose (other than outrageous fees) by letting me submit the form myself?

davidmcn

chisypasta wrote: »

As far as I am aware the form doesn't have to be submitted until 30 days after the effective date of the transaction (completion) and the certificate of title will have no information on it regarding SDLT so their arguments are irrelevant

The certificate of title includes confirmation that the solicitor has complied with the lender's standard instructions, which include ensuring that the SDLT return is submitted. While you can try arguing about who fills in the form, the solicitor needs to be in control of it at completion.

chisypasta

Thanks David, not the news I wanted but helpful nonetheless!

Why does the lender need to ensure that the SDLT return has been submitted? As the buyer I am the only one who can be fine if it is returned late.

If I contacted the lender and explained my situation do you think there is a chance they would remove that from their instructions to the solicitor?

G_M

Worth a try.

I suspect you are being caught out by having got a cheap online conveyancing quote. Many of these firms suck in clients with a bargain price quote, then hit them later with 'extras' like this exhorbitant £120 SDLT fee.

If they don't get your fee, they won't make a profit on the conveyancing........

I might be wrong of course.

The lesson for others is to go with a conveyancer whose basic fee covers all the work (acting for lender, lease enquiries, SDLT, postage etc)

As for you, OP, keep fighting and good luck! Try completing the SDLT form yourself tonight and sending it to the solicitor - then he has the form and can submit a ‘certificate of title’ to your lender to request the mortgage funds for completion. This certificate is our confirmation that everything is in place for completion.

They'll probably still bill you but you can fight that battle after Completion.

davidmcn

chisypasta wrote: »

Why does the lender need to ensure that the SDLT return has been submitted?

Because if it isn't submitted then your title can't be registered. If your title isn't registered then your lender can't register a charge over your property.

If I contacted the lender and explained my situation do you think there is a chance they would remove that from their instructions to the solicitor?

Not a chance.

silvercar

Our confirmation has to cover everything and therefore includes the stamp duty form being in our possession for submission on completion.

So you could complete the form and pass it to your solicitors prior to completion.

chisypasta

We actually used a local firm who came recommended through our mortgage adviser.

I've just spoken to Skipton Building Society who our mortgage is going to be with and they have said that they never ask for confirmation of possession of stamp duty forms when solicitors submit the certificate of title. So I have gone back to the solicitor with that information and I'll see where we go from there.

My next step will be to complete the form myself and pass it on to the solicitors, assuming they won't charge me. I have already filled out the majority of the form, although it only took an hour so not too much time wasted if they end up doing it.

TBagpuss

They probably don't ask specifically but they will require it for the reasons Davidmcn gave. Bear in mind that the person you speak to at the Skipton won't be a solicitor and may not be familiar with the implications of the rules that they do have. Their instructions to solicitors won't say explicitly 'we require you to confirm you hold a completed SDLT form, it will have requirements that they are able to complete *and register* the transfer and the lender's charge.

You my be able to fill in the form and get the solicitor to send it off, but they will still have to check it so that may not cut the cost at all.

davidmcn

TBagpuss wrote: »

Their instructions to solicitors won't say explicitly 'we require you to confirm you hold a completed SDLT form'

Actually they do (well, not to confirm, but to hold), as it's part of the standard instructions in the Council of Mortgage Lenders handbook - Skipton's version is here, and the relevant part is:

10.5 Before releasing the loan when the borrower is purchasing the property you must either hold a properly completed and executed stamp duty land tax form or you must hold an appropriate authority from the borrower allowing you to file the necessary stamp duty land tax return(s) on completion.

I doubt any customer-facing people at the Skipton will understand what's in their instructions to solicitors.

chisypasta

So in summary I'm going to have to pay them £120 to spend 10 minutes filling out a form that I'm perfectly capable of filling out myself. Super.

silvercar

chisypasta wrote: »

So in summary I'm going to have to pay them £120 to spend 10 minutes filling out a form that I'm perfectly capable of filling out myself. Super.

Think of it as an item within the original quote that you are not able to opt out of.