Landlord Fees for Transfer Registration

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    #31
    I await my solicitors response to my final queries tomorrow, I am not expecting any more niggles now (crossed fingers!). Lawcruncher, I hear what you are saying with regards the solicitors demeanour, you're probably right.

    Just briefly returning to the point about what I should expect as a client though, I have obviously found out advice and a solution to my particular problem on here through you good people - not my solicitor. The communication streams I have had with him tend to pass through legal secretaries and responses to queries are quite short and sweet for the most part. That's great for the simple stuff and it's great when things are going smoothly. But I feel as if this problem has been left to me to research rather than receive forthcoming advice on how to proceed from my solicitor. I understand that whatever line of work a person is in they will have different levels of experience. But is this not something that an experienced conveyancing solicitor who has served many notices would pick up and advise on? Maybe my expectations are too high. A call and a chat might have gone a long way to reducing my cortisol levels!

    I'll get my brain out of gear and move onto other things - for the moment .

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      #32
      Ok so the response from my solicitor is along the lines of:

      I confirm that we can serve Notice of Assignment of the Lease to (Landlord) as you suggest. The potential difficulty arises if the landlord refuses to receipt the Notice. However there is an argument that if it responds to us querying the amount of fee we send, then by simply responding the landlord has acknowledged receipt of the Notice. You, perhaps, therefore need to be prepared for some potential difficulties with the landlord on this point.

      Looks like I need to be prepared for some shenanigans if the landlord doesn't respond or receipt the notice. Ho hum, bring it on then!

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        #33
        When it comes to notices, the key point is whether service of the notice can be proved, not whether the recipient confirms receipt. A file copy of a letter in a solicitor's file is pretty much evidence that the letter was sent. If the landlord comes back and argues he wants a fee, he has confirmed receipt and put the matter beyond doubt. He will also confirm receipt if the next rent demand is addressed to your mother or he otherwise addresses any communication to her by name. There is no question of the landlord refusing to "accept" the notice until a fee is paid.

        If the landlord comes back wanting a fee your solicitor should write back saying that there is no doubt whatsoever that a fee in excess of two guineas cannot be demanded and that he is instructed not to respond to any further correspondence on the matter.

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          #34
          Great, thanks once again.

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          • Landlord Fees for Transfer Registration
            Macclad
            Hi All

            I have POA for my mother who is currently buying a house in Manchester. We have reached the stage where I am near to signing the contract (The property is £230,000)

            Last week I received from my solicitor the Lease management pack which was dated 1967 but written in...
            30-11-2018, 19:21 PM
          • Reply to Landlord Fees for Transfer Registration
            Macclad
            Great, thanks once again....
            06-12-2018, 13:44 PM
          • Reply to Landlord Fees for Transfer Registration
            Lawcruncher
            When it comes to notices, the key point is whether service of the notice can be proved, not whether the recipient confirms receipt. A file copy of a letter in a solicitor's file is pretty much evidence that the letter was sent. If the landlord comes back and argues he wants a fee, he has confirmed receipt...
            06-12-2018, 12:39 PM
          • Reply to Landlord Fees for Transfer Registration
            Macclad
            Ok so the response from my solicitor is along the lines of:

            I confirm that we can serve Notice of Assignment of the Lease to (Landlord) as you suggest. The potential difficulty arises if the landlord refuses to receipt the Notice. However there is an argument that if it responds to us...
            06-12-2018, 11:50 AM
          • Reply to Landlord Fees for Transfer Registration
            Macclad
            I await my solicitors response to my final queries tomorrow, I am not expecting any more niggles now (crossed fingers!). Lawcruncher, I hear what you are saying with regards the solicitors demeanour, you're probably right.

            Just briefly returning to the point about what I should expect as...
            05-12-2018, 19:53 PM
          • Reply to Landlord Fees for Transfer Registration
            Lawcruncher
            Serving a notice of assignment is a routine task for a conveyancer. It has assumed significant proportions here because of the landlord's outrageous and unjustifiable fee demand. I think we have knocked that on the head. Having done so, I think the matter can safely be left in your solicitor's hands...
            04-12-2018, 23:41 PM
          • Reply to Landlord Fees for Transfer Registration
            Macclad
            Many thanks for this once again Lawcruncher. I do believe my conveyancer fits in to your assessment. It is not everyday I have to buy and sell houses, so my dealing with solicitors are few and far between. I am in no position to comment generally, but my solicitor tends to give understated hints that...
            04-12-2018, 22:58 PM
          • Reply to Landlord Fees for Transfer Registration
            Lawcruncher
            The lease has a specific obligation: To give notice to the landlord's solicitors and pay a fee of two guineas. If that is done the requirement is complied with and there can be no breach of covenant.

            Obviously to comply with the obligation you need to know who the landlord's solicitors...
            04-12-2018, 20:23 PM
          • Reply to Landlord Fees for Transfer Registration
            JK0
            If it's the company I think you mean, they are 'solicitors' themselves when it suits them.
            04-12-2018, 16:25 PM
          • Reply to Landlord Fees for Transfer Registration
            Macclad
            Hi All

            I think I have problems.

            I requested that my solicitor send the £2.10 to the landlords solicitor. They have come back and said yes, we will send it to the Landlord - that was yesterday. I have quizzed this further and they have said they are sending it to the Estate...
            04-12-2018, 16:14 PM
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