Right To Buy Conveyancing

Afrochap

Hello and thanks for anticipated responses


I am in the process of buying and completion date has been agreed. I received the following completion statement from my solicitor and it included a £102 charge for the Housing Association's solicitors fee for preparing the lease.



My question is this - Why am I being charged for the HA's solicitor?



Below is the statement: for obvious reasons I have removed personal, identifiable info



Purchase Price 102000

Add

£

My Conveyancer Legal Fees (inc VAT) 298.8

Mining search
Stamp Duty Land Tax 0
Telegraphic Transfer and admin fee 24
Land Registry fee 180
Land Registry search 3
Bankruptcy searches 4
Search pack 160.94
Chancel repair indemnity policy 15
Deposit paid to CMS 73.2
ID checks 6
L&Qs solicitors fee for preparing lease 102
102866.94
Less £



Mortgage advance from mortgage lender of tt fee 101970
Received on account of searches 200
Deposit paid to CMS 73.2
Cashback from Mortgage lender 500 -102743.2

Balance due to complete 123.74

MovingForwards

Because it's standard to pay the legal fees.
Same as extending a lease you pay the other side's legal fees.

Be thankful it's only £102.

da_rule

MovingForwards wrote: »

Because it's standard to pay the legal fees.
Same as extending a lease you pay the other side's legal fees.

Be thankful it's only £102.

Completely disagree.

Firstly, it is not common in residential conveyancing matters to pay the sellers legal fees.

Secondly, Section 178 of the Housing Act 1985 prohibits any agreement obliging the tenant to pay any of the landlords fees in connection with the Right to Buy. The government allows an amount of the capital income to be retained to cover legal and administrative fees in relation to RTB so they are looking to double recover.

Therefore, not only is this demand not normal, it is also unlawful.

Afrochap

Many thanks for the response.



I'm okay with paying it, I just wasn't sure as I wasn't aware that cost is bourne by the buyer and I wanted to be sure that my conveyancer wasnt trying to pull as she's increased the price of what was meant to be a fixed price service.

davidmcn

Afrochap wrote: »

I wanted to be sure that my conveyancer wasnt trying to pull as she's increased the price of what was meant to be a fixed price service.

If it's there on the statement then it's almost certainly something being charged by the HA's solicitor rather than some sort of fraud by your conveyancer. Whether they ought to charge it is something you may wish to query with your conveyancer.

Afrochap

Oooh double thanks for that. I now need to know if it's my Conveyancer trying it on or it's London and Quadrant. I will also copy the act and request an explanation before I pay the balance being sought.



I just checked and it says ...


"[F1178 Costs.
An agreement between the landlord and a tenant claiming to exercise—
(a)the right to buy,
(b)the right to acquire on rent to mortgage terms, or
(c)any such right as is mentioned in paragraph 2(1) or 6(1) of Schedule 6A (redemption of landlord’s share: right to make final or interim payment),is void in so far as it purports to oblige the tenant to bear any part of the costs incurred by the landlord in connection with the tenant’s exercise of that right.]"

Afrochap

MovingForwards wrote: »

Because it's standard to pay the legal fees.
Same as extending a lease you pay the other side's legal fees.

Be thankful it's only £102.

davidmcn wrote: »

If it's there on the statement then it's almost certainly something being charged by the HA's solicitor rather than some sort of fraud by your conveyancer. Whether they ought to charge it is something you may wish to query with your conveyancer.

Thanks massively for this.

Afrochap

So I received thr following response from HA's solicitors via my Conveyancer



"Thank you, these are not our client’s fees these are our fees for engrossing the lease, including materials and time spent. These costs were communicated to your client at the outset."



The chancers