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  • FIRST POST
    • Afrochap
    • By Afrochap 17th May 19, 4:17 AM
    • 8Posts
    • 0Thanks
    Afrochap
    Right To Buy Conveyancing
    • #1
    • 17th May 19, 4:17 AM
    Right To Buy Conveyancing 17th May 19 at 4:17 AM
    Hello and thanks for anticipated responses


    I am in the process of buying and completion date has been agreed. I received the following completion statement from my solicitor and it included a £102 charge for the Housing Association's solicitors fee for preparing the lease.



    My question is this - Why am I being charged for the HA's solicitor?



    Below is the statement: for obvious reasons I have removed personal, identifiable info



    Purchase Price 102000

    Add

    £

    My Conveyancer Legal Fees (inc VAT) 298.8

    Mining search
    Stamp Duty Land Tax 0
    Telegraphic Transfer and admin fee 24
    Land Registry fee 180
    Land Registry search 3
    Bankruptcy searches 4
    Search pack 160.94
    Chancel repair indemnity policy 15
    Deposit paid to CMS 73.2
    ID checks 6
    L&Qs solicitors fee for preparing lease 102
    102866.94
    Less £



    Mortgage advance from mortgage lender of tt fee 101970
    Received on account of searches 200
    Deposit paid to CMS 73.2
    Cashback from Mortgage lender 500 -102743.2

    Balance due to complete 123.74
    Last edited by Afrochap; 17-05-2019 at 4:19 AM.
Page 1
    • MovingForwards
    • By MovingForwards 17th May 19, 5:15 AM
    • 978 Posts
    • 1,177 Thanks
    MovingForwards
    • #2
    • 17th May 19, 5:15 AM
    • #2
    • 17th May 19, 5:15 AM
    Because it's standard to pay the legal fees.
    Same as extending a lease you pay the other side's legal fees.

    Be thankful it's only £102.
    • da_rule
    • By da_rule 17th May 19, 8:34 AM
    • 3,204 Posts
    • 2,894 Thanks
    da_rule
    • #3
    • 17th May 19, 8:34 AM
    • #3
    • 17th May 19, 8:34 AM
    Because it's standard to pay the legal fees.
    Same as extending a lease you pay the other side's legal fees.

    Be thankful it's only £102.
    Originally posted by MovingForwards
    Completely disagree.

    Firstly, it is not common in residential conveyancing matters to pay the sellers legal fees.

    Secondly, Section 178 of the Housing Act 1985 prohibits any agreement obliging the tenant to pay any of the landlords fees in connection with the Right to Buy. The government allows an amount of the capital income to be retained to cover legal and administrative fees in relation to RTB so they are looking to double recover.

    Therefore, not only is this demand not normal, it is also unlawful.
    • Afrochap
    • By Afrochap 17th May 19, 9:13 AM
    • 8 Posts
    • 0 Thanks
    Afrochap
    • #4
    • 17th May 19, 9:13 AM
    • #4
    • 17th May 19, 9:13 AM
    Many thanks for the response.



    I'm okay with paying it, I just wasn't sure as I wasn't aware that cost is bourne by the buyer and I wanted to be sure that my conveyancer wasnt trying to pull as she's increased the price of what was meant to be a fixed price service.
    • davidmcn
    • By davidmcn 17th May 19, 9:16 AM
    • 11,212 Posts
    • 12,404 Thanks
    davidmcn
    • #5
    • 17th May 19, 9:16 AM
    • #5
    • 17th May 19, 9:16 AM
    I wanted to be sure that my conveyancer wasnt trying to pull as she's increased the price of what was meant to be a fixed price service.
    Originally posted by Afrochap
    If it's there on the statement then it's almost certainly something being charged by the HA's solicitor rather than some sort of fraud by your conveyancer. Whether they ought to charge it is something you may wish to query with your conveyancer.
    • Afrochap
    • By Afrochap 17th May 19, 9:28 AM
    • 8 Posts
    • 0 Thanks
    Afrochap
    • #6
    • 17th May 19, 9:28 AM
    • #6
    • 17th May 19, 9:28 AM
    Oooh double thanks for that. I now need to know if it's my Conveyancer trying it on or it's London and Quadrant. I will also copy the act and request an explanation before I pay the balance being sought.



    I just checked and it says ...


    "[F1178 Costs.
    An agreement between the landlord and a tenant claiming to exercise—
    (a)the right to buy,
    (b)the right to acquire on rent to mortgage terms, or
    (c)any such right as is mentioned in paragraph 2(1) or 6(1) of Schedule 6A (redemption of landlord’s share: right to make final or interim payment),is void in so far as it purports to oblige the tenant to bear any part of the costs incurred by the landlord in connection with the tenant’s exercise of that right.]"
    • Afrochap
    • By Afrochap 17th May 19, 9:31 AM
    • 8 Posts
    • 0 Thanks
    Afrochap
    • #7
    • 17th May 19, 9:31 AM
    • #7
    • 17th May 19, 9:31 AM
    Because it's standard to pay the legal fees.
    Same as extending a lease you pay the other side's legal fees.

    Be thankful it's only £102.
    Originally posted by MovingForwards
    If it's there on the statement then it's almost certainly something being charged by the HA's solicitor rather than some sort of fraud by your conveyancer. Whether they ought to charge it is something you may wish to query with your conveyancer.
    Originally posted by davidmcn

    Thanks massively for this.
    • Afrochap
    • By Afrochap 17th May 19, 5:36 PM
    • 8 Posts
    • 0 Thanks
    Afrochap
    • #8
    • 17th May 19, 5:36 PM
    • #8
    • 17th May 19, 5:36 PM
    So I received thr following response from HA's solicitors via my Conveyancer



    "Thank you, these are not our client’s fees these are our fees for engrossing the lease, including materials and time spent. These costs were communicated to your client at the outset."



    The chancers
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