RTB remortgage council won’t release deed of postponement

Jellybel

Hi, I’ll keep it short as possible, I hope someone can offer me advice. 

I’m currently in the process or remortgage on my right to buy property. With being in my 5 year discount period I had to apply to the council for a deed of postponement (dop). I have paid an upfront fee and estimated legal costs to the councils legal team of £400. I have also paid my own solicitor fees of £195 to deal with obtaining a DOP. 

DOP was signed and ready to be returned to my solicitor on the 9th August. The council are refusing to release the document until my solicitor provides an undertaking to provide a copy. My solicitor is saying they can’t provide an undertaking for a document that’s not in their possession. 4 weeks later and NOTHING has moved. The council are not responding to my solicitor and still haven’t posted the DOP. Is there anything I can do to make the council do something? I can’t complain to the ombudsman as they aren’t acting on my behalf. My mortgage offer is set to expire next month and for each day completion is delayed it’s costing me another £10 in interest on my high rate mortgage. The request for a DOP was first made at the end of June! Everything else is in order and we are just waiting for the DOP to complete. 

Thank you in advance 

Norman_Castle

Jellybel said:

Hi, I’ll keep it short as possible, I hope someone can offer me advice. 

I’m currently in the process or remortgage on my right to buy property. With being in my 5 year discount period I had to apply to the council for a deed of postponement (dop). I have paid an upfront fee and estimated legal costs to the councils legal team of £400. I have also paid my own solicitor fees of £195 to deal with obtaining a DOP. 

DOP was signed and ready to be returned to my solicitor on the 9th August. The council are refusing to release the document until my solicitor provides an undertaking to provide a copy. My solicitor is saying they can’t provide an undertaking for a document that’s not in their possession.

Why can't the solicitor provide an undertaking he will provide a copy once he has the document?
Formal complaint to the councils legal team about the failure to respond to the solicitor explaining the timescale and the effect of their delay.

Jellybel

Norman_Castle said

Why can't the solicitor provide an undertaking he will provide a copy once he has the document?
Formal complaint to the councils legal team about the failure to respond to the solicitor explaining the timescale and the effect of their delay.

My understanding is that as it’s a legally binding ‘promise’ you can’t promise to give something you don’t have. Example, letter gets lost in the post, they are still legally bound to provide a copy but they never had hold of it in the first place. They have said that they are happy to give a copy once they have it but it’s the technicalities behind providing an undertaking. Annoyingly the councils team won’t respond to any communication directly from me. I’m at my wits end with it but I will attempt to raise a formal complaint. 

SDLT_Geek

Heads need banging together!

user1977

Jellybel said:

Norman_Castle said

Why can't the solicitor provide an undertaking he will provide a copy once he has the document?
Formal complaint to the councils legal team about the failure to respond to the solicitor explaining the timescale and the effect of their delay.

My understanding is that as it’s a legally binding ‘promise’ you can’t promise to give something you don’t have. Example, letter gets lost in the post, they are still legally bound to provide a copy but they never had hold of it in the first place. 

But if your solicitor doesn't receive it then the transaction won't complete, the deed of postponement won't be effective and the council wouldn't need a copy...

Norman_Castle

Jellybel said:

Norman_Castle said

Why can't the solicitor provide an undertaking he will provide a copy once he has the document?
Formal complaint to the councils legal team about the failure to respond to the solicitor explaining the timescale and the effect of their delay.

My understanding is that as it’s a legally binding ‘promise’ you can’t promise to give something you don’t have. Example, letter gets lost in the post, they are still legally bound to provide a copy but they never had hold of it in the first place.

Why can't the solicitor provide an undertaking he will provide a copy once he has the document?

He's not obliged to provide a copy if he doesn't receive it.