Solicitor oversight

enidmarples

A few years ago I extended the lease on a flat, which was handled by a friend who is a solicitor. I am now in the process of selling the flat using a different solicitor for the conveyancing. The buyer’s solicitor raised an enquiry regarding a clause in the new lease. This was referred to my solicitor friend who responded to say it was an oversight which was not identified either by himself or the landlord at the time, and is not relevant. 

The buyer’s solicitor now want a Deed of Variation for which I am required to pay their legal costs of £600 + vat, and the landlord’s legal costs (amount not yet established). 

I guess if I was using the original solicitor for my conveyancing, I could expect them to absorb at least some of these additional costs. 

If I did not have a personal connection, I would consider making a complaint but this makes it awkward. Grateful for any advice! 

lisyloo

It seems there is a difference of opinion between your ex-solicitor and your buyers solicitor.
what does your current solicitor say about it?

canaldumidi

What's the clause?

user1977

We can't tell you whether or not the clause is in fact relevant, if you don't tell us what it says!

What's your current solicitor's advice?

steampowered

There is a difference between "oversight" and "not relevant".

A solicitor who is renewing a lease wouldn't normally start changing the terms of the lease. A renewal is simply that - a renewal.

A renewal doesn't cover starting to add or remove clauses from the lease.

It's difficult for anyone to say more than that unless you tell us what the clause was. But nothing in your post suggests that your solicitor did anything wrong.

enidmarples

Thanks, further details below which hopefully sheds more light.

Original enquiry: 

“Further to our telephone conversation I attach a copy of the 2018 Lease which you supplied together with a  copy of the same Lease I have downloaded from the Land Registry. You will note the Schedule is missing from both copies. Can you establish with  xxxxx whether a complete copy of the Lease is held on file?”

Replies from first solicitor: 

“I will retrieve our old file from archiving but reading though the new lease I suspect those words are superfluous and should have been deleted ahead of the document being signed given that the old lease wasn’t being amended in anyway save for an extension of the Term which is spelt out in the operative part of the new lease.”

“The file has now been recovered from archiving.

The draft deed provided by the landlord contained a clause 3 “Changes to the lease” which clause was bracketed at the start and finish of the same. Unfortunately, due to an oversight, neither the landlord nor I removed the clause which was clearly optional.

Given that the new lease was merely to create an extension of the original Term, nothing else, and that is reflected in the registered title I do believe that this issue is assuming an importance it does not merit.”

 

 

 

 

user1977

And the advice of your current solicitor presumably isn't just to roll over and give what the buyer's solicitor is asking for? It's not particularly clear from your description (would help to see the deed itself) but it doesn't sound like something adverse which actually needs a variation.

enidmarples

user1977 said:

We can't tell you whether or not the clause is in fact relevant, if you don't tell us what it says!

What's your current solicitor's advice?

Please see the further information posted. My current solicitor agrees with the buyer’s solicitor. 

It seems that the additional legal costs may be in the region of £1500. I work part time on minimum wage so this is not an insignificant amount for me.