Issues with Right To Buy

Afrochap

[FONT=&quot]Hi all, [/FONT]
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[FONT=&quot]First off, thanks for taking time to read this and also for your anticipated reply. [/FONT]
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[FONT=&quot]I started the Right To Buy process from London and Quadrant (L&Q) in October 2018 and it was completed on May 20 2019. [/FONT]
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[FONT=&quot]The process started off fairly well, however some of the actions taken by L&Q and their solicitors were questionable and I am looking into taking some actions to recoup time and financial loss.[/FONT]
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[FONT=&quot]Issues started on March 01, when my Solicitor informed me that they have been advised by L&Q that the name I have provided on my RTB application is not same they have on their records and the transaction cannot progress until I attend one of their offices for ID verification. Furthermore, they said I can only attend their offices by appointment however consistent call to L&Q for over 3 weeks was futile and even the staff can't agree on which of L&Q's Offices were opened or closed and I even had to take time off work and drive to their Sidcup Offices twice (which is 15 miles from me). [/FONT]
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[FONT=&quot]After 3.5 weeks, I was finally provided with an appointment and address to visit with my documents. Unfortunately, a week after submitting the documents, I was told that the Office I visited has failed to send it over. However, given that I have made multiple attempts to submit the documents, they will reach out to my Solicitor and request a copy of their ID verification on me.[/FONT]
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[FONT=&quot]The ID issue was finally addressed on 26/03/2019 and I received an email from L&Q on 28/03 confirming same. [/FONT]
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[FONT=&quot]End of it I thought, but then no further contact was received from L&Q. At this point, I can't help but think that they are intentionally dragging their feet as the longer they take the more rent I pay. Hence, I issued L&Q an Initial Delay Notice on 08/04. I finally received a response from L&Q on 23/04 to advise that they are now ready to complete.[/FONT]
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[FONT=&quot]L&Q’s solicitors responded to my Initial Delay Notice on 13 May, denying that the delay is due to L&Q’s fault and telling me that on 01/05 and 09/05, they were informed by my solicitor that I have yet to return the signed leasehold document. I find this quite unbelievable given that they have wasted my time for about 2 months without any form useful explanation as to why.[/FONT]
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[FONT=&quot]The leasehold document was received from my solicitors on 24 April and as it’s a very important document (over 30 pages) I had to take time to read and ask questions of my solicitor. Finally after ensuring I understand every bit of it, I returned it by Next day delivery on 11/05 and my solicitor confirmed receipt on 13/05. [/FONT]
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[FONT=&quot]Completion was finally agreed to be on 20/05.[/FONT]
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[FONT=&quot]On 17/05, I received the final bill from my solicitor only to notice a charge of £102 on it from L&Q’s solicitors, this was challenged (through my solicitor) and their response is that the charge is for their work of engrossing the leasehold contract and that they made me aware of the charge from the get go. I never had any direct contact L&Q’s solicitors and even if I have any work done is supposed to be charged to L&Q. Further challenge was not responded to and as I need to pay my solicitor in order to ensure completion on Monday 20/05, I had to pay the money. However, I contacted L&Q on 20/05 and brought the charge to their attention and also made them aware that [/FONT]section 178 of the Housing act 1985 prohibits any agreements obliging the tenant to pay any of the landlord's fees in relation to the RTB. L&Q’s response to this is as below -

“Our solicitors advised your solicitors of the engrossment fee advising it is set out clearly in their initial paperwork and is for their time and materials in engrossing the document[FONT=&quot].”[/FONT]
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[FONT=&quot]None of this info was received from my solicitor, moreover I signed no paperwork agreeing to pay anything to L&Q’s and I do not have a clue on what the initial paperwork they refer to is. Moreover, engrossment is for the back and forth editing of the leasehold before signing, something that never happened as all my queries was addressed by my solicitor.
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[FONT=&quot]The final slap in the face came on 29/05, when I received a strongly worded and threatening letter from L&Q telling me that I owe £54 in service charge; please bear in mind that completion concluded on 20/05 and L&Q was supposed to provide me with the figure for service charge which they never did. They basically threatened me for unpaid service charge even though they have yet to reach out to me to tell me how much my service charge is.[/FONT]
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My questions –
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[FONT=&quot]2. 1. [/FONT][FONT=&quot]Regarding their solicitor’s engrossment fee, what can I do to get my money refunded[/FONT]
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[FONT=&quot][FONT=&quot]2. [/FONT]I am aware that this is long and I thank you for taking time to read[/FONT]

sal_III

Have you asked your solicitor for opinion? After all even if he specializes in conveyancing he should have better idea where do you stand legally than 99% of the forumites here. Not to mention he is intimately familiar with what had occurred.

Personally I wouldn't bother for £102, simply not worth the agro. Even if it's on principle life is too short to waste time on this. It's not like L&Q are going to "learn a lesson" or something.

davidmcn

Afrochap wrote: »

[FONT=&quot]Moreover, engrossment is for the back and forth editing of the leasehold before signing[/FONT]

No, engrossment is producing the final versions for signing. I wouldn't expect such a charge to vary with the amount of negotiation which went on in advance.

cattie

There are always addtional costs involved when buying a leasehold property & compared to the discount you must have received via RTB it's such a piddling amount to be arguing over.

L&Q is a huge & reputable organisation & to think they purposley dragged their heels over the RTB transaction just to get a bit more rent is absurd.

The service charge issue you need to sort out asap (your solicitor should have been aware if service charges were due during the buying process) only penalties can be charged for late payment & this stands whether you buy social housing or a leasehold property on the open market.