Post-Completion/SRA Intervention into Solicitors/Paperwork/SDLT

paykanti

Hi,

I completed on a new-build property on 30/01/2023. I received written confirmation of completion from the developer and received the keys. In all the excitement, it seems I may have forgot the small matter of chasing my solicitor for post-completion documents.

I don't believe I received anything from them, no transfer deed, title register, etc.

I purchased the title register from the GOV.UK website today and to my fears, it lists the developer as the owner.

I looked to get in contact with the solicitor and was met with a notice that they have now been closed down as the SRA have carried out an intervention into them. As instructed, I have requested my file from the law firm responsible for collecting the files off them.

1) Given I have owned the property for over 6 months without any problems and paying the mortgage as usual, I presume the transaction has been completed and it is just post-completion paperwork that is remaining?

2)It looks as though I may need to appoint another lawyer to carry out the post-completion work, is there any guidance on who/how to contact about this? Should I just ring round the houses on the law society explaining the situation and asking for quotes?

3) I'm just worried given the lack of certainty and the SRA intervention, could it be possible that they didn't pay the SDLT and that I've lost out on that money for some sort of fraudulent reason or are SRA interventions more common and less alarming than that?

Some of the above may well become clear once I've received my requested file so I guess I'm looking for some reassurance along with clarity.

Tiglet2

Solicitors will send you any papers they have relating to the property, once they have received the updated and registered title into your name from Land Registry.  If the application is currently in hand they won't be able to send you the file.

Your file will have been taken over by another solicitor firm, so your file is not forgotten but rather they are waiting for the updated title following an application by your previous solicitor, or they may have to attend to the application themselves (all depends when the previous solicitor stopped working).

1.  Yes, just post completion work remaining.

2.  No, instead contact the firm who took over the files from your previous solicitor.  

3.  If the SDLT hadn't been paid, you would know about it as HMRC would write to you.

Unless you are remortgaging or selling, you cannot ask for your application to be expedited.

This is what Land Registry are currently saying about transfers of part (i.e. a new build):

Applications to divide existing titles (transfers of part) or register a new lease (dispositionary first lease)

Where preparatory work has been done, we complete half of applications to divide existing titles or register a new lease in about 13 months. Almost all are completed in about 20 months.

Where no preparatory work has been done, half are completed in just over 18 months and almost all in 22 months.

A minority might take a few months longer depending on the application.

The processing times differ depending on whether or not any preparatory work has been done with the developers to simplify the registration process prior to transactions taking place.