Incomplete Convenyacing, what can i do to escalate the issue?

sofa_searcher

Hi all

Last year I completed on the purchase of a property. Soon after, I contacted the management company to setup my account in order to pay my leasehold fees. After a couple months of delay (covid apparently), I was informed that there are still outstanding documents and fees before the property exchange is completed on their. I informed solicitor and got no response. So I contacted the management company via their solicitor email to determine the outstanding documents/fees which I was told included;

1.       the management company fees

2.       Original signed Deed of Covenant

3.       Copy notice receipted by the Landlod.

I have called the solicitor several times to try and get this issue resolved but again I have been ignored.  It has been dragging on for some time that i fear i am incurring fees for late payment of leasehold fees.

What I would like to know are my options in completing the above tasks quickly?

Also, do i approach the SRA to make a formal complaint against my solicitor for incomplete conveyancing?

user1977

sofa_searcher said:

Also, do i approach the SRA to make a formal complaint against my solicitor for incomplete conveyancing?

Not until you've exhausted the firm's own complaints procedure.

sofa_searcher

user1977 said:

sofa_searcher said:

Also, do i approach the SRA to make a formal complaint against my solicitor for incomplete conveyancing?

Not until you've exhausted the firm's own complaints procedure.

Their complaints procedure involves sending a letter/email to the managing director which I just did. This is the second time I've been forced to make a complaint. The first was during the conveyancing process as I thought the quality of work was subpar. Lo and behold, my original suspicion was correct and I am paying the price for their incompetence.

Slithery

It sounds like several of the issues were the responsibility of your sellers solicitor, not yours.

TBG01

I'm not saying your Solicitor has actually did it, but you'd be surprised at how many managing agents claim not to have received notices etc, but somehow managed to cash the cheque that accompanied the notice.....

sofa_searcher

Slithery said:

It sounds like several of the issues were the responsibility of your sellers solicitor, not yours.

TBG01 said:

I'm not saying your Solicitor has actually did it, but you'd be surprised at how many managing agents claim not to have received notices etc, but somehow managed to cash the cheque that accompanied the notice.....

The managing company has a checklist for both the seller and buyer. I've contacted them via email and phone to confirm outstanding item and each time I've been told it's on our (buyer) end. I completed last year in May so it's coming up to 1 year since completion

Tiglet2

sofa_searcher said:

Hi all

Last year I completed on the purchase of a property. Soon after, I contacted the management company to setup my account in order to pay my leasehold fees. After a couple months of delay (covid apparently), I was informed that there are still outstanding documents and fees before the property exchange is completed on their. I informed solicitor and got no response. So I contacted the management company via their solicitor email to determine the outstanding documents/fees which I was told included;

1.       the management company fees

2.       Original signed Deed of Covenant

3.       Copy notice receipted by the Landlod.

I have called the solicitor several times to try and get this issue resolved but again I have been ignored.  It has been dragging on for some time that i fear i am incurring fees for late payment of leasehold fees.

What I would like to know are my options in completing the above tasks quickly?

Also, do i approach the SRA to make a formal complaint against my solicitor for incomplete conveyancing?

Definitely contact your solicitor to find out why the management company are saying that those documents are still outstanding.

I'm not sure what you mean by management company fees.  Are you referring to the management pack which is supplied during the conveyancing?  This is a fee paid by the seller.  If you are referring to service charges and ground rent, then the management company need to have amended their records to show you as the new owner in order for them to issue the invoices to you.  If they haven't amended their records, then the invoices will continue to be issued to the previous owner.  

The Deed of Covenant and Notices are documents which need to be paid for by a buyer.  Instructions on what to do will be in the management pack.  Your solicitor should have submitted both documents and the management company would stamp the Notice/amend their records and return to the solicitor.  Check the management pack to see what was required, what the fees were and check with your solicitor whether they asked you to pay for them.  As TBG01 says above, management companies sometimes cash the cheque, but then state they haven't received it.  If you/your solicitor can provide evidence to show payment, then the management company can process the transfer to you as the new owner.

sofa_searcher

Tiglet2 said:

sofa_searcher said:

Hi all

Last year I completed on the purchase of a property. Soon after, I contacted the management company to setup my account in order to pay my leasehold fees. After a couple months of delay (covid apparently), I was informed that there are still outstanding documents and fees before the property exchange is completed on their. I informed solicitor and got no response. So I contacted the management company via their solicitor email to determine the outstanding documents/fees which I was told included;

1.       the management company fees

2.       Original signed Deed of Covenant

3.       Copy notice receipted by the Landlod.

I have called the solicitor several times to try and get this issue resolved but again I have been ignored.  It has been dragging on for some time that i fear i am incurring fees for late payment of leasehold fees.

What I would like to know are my options in completing the above tasks quickly?

Also, do i approach the SRA to make a formal complaint against my solicitor for incomplete conveyancing?

Definitely contact your solicitor to find out why the management company are saying that those documents are still outstanding.

I'm not sure what you mean by management company fees.  Are you referring to the management pack which is supplied during the conveyancing?  This is a fee paid by the seller.  If you are referring to service charges and ground rent, then the management company need to have amended their records to show you as the new owner in order for them to issue the invoices to you.  If they haven't amended their records, then the invoices will continue to be issued to the previous owner.  

The Deed of Covenant and Notices are documents which need to be paid for by a buyer.  Instructions on what to do will be in the management pack.  Your solicitor should have submitted both documents and the management company would stamp the Notice/amend their records and return to the solicitor.  Check the management pack to see what was required, what the fees were and check with your solicitor whether they asked you to pay for them.  As TBG01 says above, management companies sometimes cash the cheque, but then state they haven't received it.  If you/your solicitor can provide evidence to show payment, then the management company can process the transfer to you as the new owner.

You are correct in thinking that I meant service charge. The ground rent is collected by the landowner via a different agency which I'm up to date on with no issues. As for service charge, I just checked the invoice I received from my solicitor and it includes for;

1. Admin Fees due to management company (Notice/Deed of Cov/Comp Cert)
2. Admin Fees due to Landowner (Notice/Deed of Cov/Comp Cert)

The checklist provided by the management company during exchange mentions the following

• Fee for notice of transfer/charge
• Fee for certificate of consent/compliance
• Fee for deed of covenant

So it seems like #1 from the invoice above covers the fees requested by the management company.

At this moment I'm guessing because getting hold of the solicitor via telephone or email has been impossible. I will give it one more day.