Renovation grant against title help please

Windmills

We're buying a property that has been stuck on the last enquiry for several weeks now and want to know if anyone else has had experience of this enquiry and how long it took to be satisfied.

As per the title, the vendor took a Renovation Grant out from the local council (2010), who then placed an amount against the title so that they got the money (or percentage of it as I don't know how this all works) when the house gets sold.

The vendors solicitor has requested the final amount that is to be paid from the council and has not yet received a response, despite it being sent back at the beginning of September.

The vendor owns the house outright & is now living in a residential home.Their solicitor has lost various items/paperwork during this process and has been quite rude when the vendors estate agent has tried to get updates, so I don't have much faith in them chasing this matter up. We rarely hear from the vendors estate agents and when we contact them, they'll say they'll get back to us but don't.
We've already sold (had to break the chain) and are now in temporary accommodation.

So if anyone has been through a similar experience, could you let me know how long it took to resolve and if you did anything to help the situation along- I know every purchase & sale is different but just be good to hear some others experiences!

davidmcn

Given that you "don't know how this all works", are you certain that there is in fact any repayment to be made? My experience is that grants tend only to be repayable if for example the use of the property changes within a short period of time.

Bossypants

Do you have any direct contact with the vendor, or could you get some? When I sold my last house, I also had a query that was dependent on the council answering, and since it was one of those 'we know it happens, but so rarely that no department is actually definitively responsible for it' questions, the emails my solicitor was sending to the formal council contact address were being ignored for weeks on end. In the end, I, as the home owner, rang up the council directly and accepted to be passed around until I found someone who sounded sympathetic and competent, at which point I laid it on thick about how this whole thing was seriously affecting my ability to move, and that I would be eternally grateful if they could see their way to taking my problem in hand and ensuring that my solicitor's email got a response. Following that call, it took about a day to get the issue sorted out, because there was now someone on the council's side who considered themselves responsible for the problem, even if it was only as a favour to the poor lady who just wanted to move house (i.e. me).

I think you'd struggle to get anywhere speaking to the council yourself, since you're not the owner, but if you could get in touch with the sellers directly, it might be worth trying to persuade them to make a phone call.

G_M

Does the owner have mental capacity and could you contact him? Is he the one selling, or is it a relative with POA?


Given that there is a Charge on the property, you cannot Exchange until the vendor's solicitor gives 'a solicitors undertaking' that the Charge will be removed on Completion. And he cannot give that undertaking until he know either that there is no money to repay, or if there is, how much.


So till the council respond, all you can do is put pressure on the vendor to put pressure on his solicitor to put pressure on the council.


Meanwhile, you might start looking at other properties. Let the estate agent know you are doing this as that too will add to the pressure.....

Windmills

Many thanks for all your replies.

Davidmcn- as G-M has rightfully responded, the vendors solicitor needs an actual amount so that they can then give an undertaking whatever is owed, will be paid on completion. Would be perfect if it nothing was owed but until an answer is given, we're still in the dark.

BossypantsI think the vendor or their adult children need to do what you've done. I'm not keen on sending a letter to the vendor as she is in advanced years so will have to keep bugging their estate agents to bug the vendors children to do as you did as I've a feeling this situation more than likely mirrors yours.

G_M it would appear the vendor does have mental capacity but due to their advancing age, I am somewhat uneasy at sending a letter to them in their residential home. I know the vendors grown up children are helping their mum with this but I don't have any of their details.
Maybe it will come to the point where I will send a letter to the vendor as I know that way, she will, hopefully, bring in her daughter to help with the situation.
The vendors estate agents know we are sofa surfing until this sale goes through so we are very keen to get this sorted but I think tomorrow we'll make it clear we will pull out if this situation carries on as living this way is unsustainable for much longer.

G_M

From what you say, it sounds like the children are 'managing' the sale for their mother. So best to contact them. I imagine they are visiting the property periodically to collect mail, check the house etc, so perhaps a letter addressed to them would be diplomatic?


Intimate that you cannot wait much longer - I'd guess the children are as keen as you to complete the sale. It's a pain having the responsibility for looking after a parent's house, and they may be conscious that mum needs the money eg for the care home. The possibility of losing you as a buyer and having to start again will galvanise them into action!

Windmills

Thank you G-M
I will write to the children via the house as you suggest. We did contact the estate agent today and they have let the children know what has (or has not) been happening and it appears they knew nothing about it. So yes, I do believe a letter needs to be written to them, so hopefully, we can keep each other updated. They must be as keen to sell, like you mentioned, as we are to buy.

The vendors solicitor is now saying they have heard from the council regarding their enquiry but they still don't have the final figure that needs to be paid back.

I also have emailed the council, asking what their procedure is for this sort of query and who deals with it etc so at least we know what needs to be done and who will be best to contact.

GDB2222

For goodness sake, look for another property! Let the estate agent know that you have reluctantly taken this step and are still happy to go ahead with this purchase for the time being.

There's nothing else you can do. This could go on for months by the look of it.