Searches and enquiries are back, solicitor wants to wait until december to complete?

shakAFC

Hi guys,

Im in the process of purchasing a property... Searches and enquiries have been back for a few weeks now. Only thing remaining is a copy of a tree protection order (which I understand I can proceed without).

My solicitor emailed me last Tuesday and said likely completion date is first week of December. I'm trying to understand why so long?
Is it possible that it could be completed quicker? Or should I just ask my solicitor?

 I understand the work load etc but I'm currently in rented accommodation and the estate agents are trying to get me to sign another 6 months contract, even though my current one doesn't expire for another 6 weeks. 

They knew I was buying a property and were happy for me to be on a monthly rolling contract but have changed their tunes now!

Any help is appreciated.

davidmcn

It can be completed more quickly if everyone is happy to do so - maybe your solicitor knows that that November doesn't suit the vendor (or that they otherwise need more notice)? Ignore the estate agents, how happy they are about you going onto a monthly contract is irrelevant to the fact that that's what will happen by default.

Thrugelmir

Have you spoken to the EA and ascertained what everyone in the chain is agreeable to. 

eddddy

As others suggest, the best plan would be to get agreement among everyone in the chain on a target completion date. Then everyone in the chain can instruct their solicitors to aim for that date.

But obviously, that date will have to slip if any of the solicitors (or mortgage lenders) isn't ready in time.

shakAFC

Thanks guys, there is no chain either side. Shouldve mentioned that in my initial post.

eddddy

shakAFC said:

Thanks guys, there is no chain either side. Shouldve mentioned that in my initial post.

So it's just you and the seller who need to agree a target completion date, and then instruct your solicitors.

greatcrested

As others have said. But there might well be (probably is) some other reason for your solicitor saying this.It might be related to the lockdown, or some outstanding legal issue you're not aware of.

Only one way to find out!

ps - is the plan to Exchange/Complete same day? Have you discussed this with your solicitor? And the seller? Do you understand the pros and cons?

As for your tenancy, that is a red herring. There is no problem moving to a periodic (rolling) tenancy. See my explanation here:

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

shakAFC

@greatcrested Seller is more than happy to complete ASAP. I think they need the funds to complete works on their new house. 
I'm happy to exchange and complete on the same day as I'm not in a chain, nor is the seller.

I think the solicitor wants a copy of the tree preservation order, but I've been told I should be able to proceed without. Would I need to get some indemnity insurance just incase? I think tomorrow I'm just going to ring the solicitors and ask if I can complete asap. Would I need to explain my rental situation or?

davidmcn

shakAFC said:

I think the solicitor wants a copy of the tree preservation order, but I've been told I should be able to proceed without. Would I need to get some indemnity insurance just in case?

In case what? You haven't explained what any potential risk is - has somebody suggested that there's been unauthorised work carried out to trees covered by a TPO?

I think tomorrow I'm just going to ring the solicitors and ask if I can complete asap. Would I need to explain my rental situation or?

Your solicitor isn't going to care about your current rental situation, that's for you to deal with (unless you want advice about it). As we've explained, your tenancy goes onto a periodical one whether the landlord likes it or not.

shakAFC

davidmcn said:

shakAFC said:

I think the solicitor wants a copy of the tree preservation order, but I've been told I should be able to proceed without. Would I need to get some indemnity insurance just in case?

In case what? You haven't explained what any potential risk is - has somebody suggested that there's been unauthorised work carried out to trees covered by a TPO?

I think tomorrow I'm just going to ring the solicitors and ask if I can complete asap. Would I need to explain my rental situation or?

Your solicitor isn't going to care about your current rental situation, that's for you to deal with (unless you want advice about it). As we've explained, your tenancy goes onto a periodical one whether the landlord likes it or not.

Thanks. No unauthorised works have been carried out. The only works that were carried out was by the neighbour which is listed on the local authority site.

If it's fine to proceed then I will do so.

greatcrested

The TPO will almost certainly be listed on the council website. Take a look.

But I don't understand what you or your solicitor expect to see. It's a protected tree.

You getting a mortgage? If not, instruct your solicitor to proceed (unless he has some other issue).

If you're getting a mortgage, your solicitor will be acting for the lender too, and might require the TPO to satisfy them for some reason.