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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