solicitor drafted defective lease

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    solicitor drafted defective lease

    The solicitor for our freehold company drew up our precedent lease 15 years ago (after we got the freehold). Over the years old leases were surrendered and 6 of the 7 owners have acquired our company lease. The last one is in the process of doing that. I’ve just become the new director and have to instruct our solicitor – the same who drew up our lease. The party asking to take our lease pointed to several inconsistencies and defects in our lease. On reviewing this myself, I agree there are defects and the defects have been acknowledged by our solicitor (the drafter). She can rectify this with a new lease but she wants to charge our company £500 for that. Should we have to pay her to correct her own faulty work product? If not, how do I put that to her? (in the end it’s not enough to merit a super hassle but I feel it should be challenged. I’ll change solicitors after this is concluded)

    #2
    No way should lawyers charge to rectify their mistake.

    Tell your solicitor that either she sorts the problem out free of charge or you go to another lawyer to do it and send here the bill.

    Comment


      #3
      What are the defects in the lease ? Were these defects in the previous lease ?

      Comment


        #4
        This is my first foray into leases and I can't get much info or explanation from the solicitor, but I can see that there are 2 clear inconsistencies/contradictions. 1) if there's shortfall in insurance payout for rebuilding, reinstatement, one section says in ALL instances, (all) Lessees bear liability through the service charge; another section says if shortfall is the result of fault on part of a Lessee, then that Lessee bears liability. 2) repair, etc of windows. One section says Landlord (us) has responsibility for repairing external windows. Another section says Landlord has responsibility to repair various building things, excluding "the windows". (I think this is meant to refer to interior windows inside the flat). There's one incorrect reference to other sections which could cause ambiguity. The numbers have to be changed. I don't know if the defects were in the previous lease, but from the few comments i've seen from the solicitor's for the party requesting change, it doesn't sound like there were. I know for a fact that when we got the freehold, and a new lease, the new freeholders (us) deliberately wanted to make changes to the old lease and made a specific list of them.

        Comment


          #5
          It is normal for long leases to state the landlord ( as legal owner of the building ) will be responsible for all maintenance and repairs to the building, which are paid by the annual service charges, collected from lessees. Whatever the wording in the lease, the Landlord pays nothing and leaseholders pay for everything under the lease to the managing agent who are appointed by the landlord.

          The leases are not defective otherwise the lessee would stop payment of service charge.

          Comment


            #6
            yes, i know.
            re insurance shortfall question is whether, if they're at fault, a specific Lessee pay/bearss the entire shortfall, or whether all lessees pay for it through the service charge. and while it's not our problem, i believe that in some leases there are provisions for the landlord to bear liability if there's a shortfall because he has underinsured the building
            re windows question is whether service charge covers redecoration of windows interior to the flat, in addition to the exterior.
            The problem is not with the substance but the words on the page and that's what being challenged.



            Comment


              #7
              more to the point, solicitor agreed there were defects

              Comment


                #8
                The re-instatement value for insuring the building should be reviewed every 5 years by a chartered surveyor. The annual insurance policy is usually adjusted by the insurance company to increase the re-instatement value for inflation.

                Redecoration inside the flat is the leaseholder's responsibility and the lease will probably state how often.

                Comment


                  #9
                  Originally posted by ms60 View Post
                  more to the point, solicitor agreed there were defects
                  Precisely. There is not a lot of point discussing the issue.

                  Comment


                    #10
                    I know all this. but that's not what the words in the lease say.

                    Comment

                    Latest Activity

                    Collapse

                    • Right to Manage Costs
                      by Pariah81
                      Hi,

                      I am part of a residents association that is exploring right to manage (RTM).

                      We are a 30 flat block in the Ealing area.

                      We want to get advice on the process so how much should we be expecting to pay for our legals?

                      I'm also aware we have to pay...
                      21-09-2021, 13:48 PM
                    • Reply to Right to Manage Costs
                      by lampshade
                      Interesting....I have one lease in a total of 3 blocks totalling 34 flats. All managed under one managing agent appointed by the FH.
                      But each block, whilst seemingly are all connected there are 3 separate blocks of about 11 flats in each. Each block has both front and back entrance, and unique...
                      23-09-2021, 15:29 PM
                    • Reasonable solicitor fees?
                      by LizLease
                      After six long and tedious months of negotiations to extend the lase on a flat, we are nearing completion and I have been sent the final balance.

                      I was shocked to be presented with a £2,700 bill for the freeholder's solicitor fees. When I first inquired about renewing the lease, the freeholder...
                      21-09-2021, 17:17 PM
                    • Reply to Reasonable solicitor fees?
                      by eagle2
                      You can insist on a summarised time record showing the number of hours spent by each grade of solicitor on the different aspects of the work involved. You can then compare it with your own solicitor's time records in order to raise a specific complaint.

                      Intead though, I suggest that you...
                      23-09-2021, 14:42 PM
                    • Negotiating a lease extension
                      by LizLease
                      Hi all, I am new to the forum.
                      I am looking to extend the lease on a flat (currently under 70 years).
                      I received a quote from the freeholder and a valuation from a surveyor (£3k lower than the freeholder's figure).
                      I spoke to the leasehold Advisory Service who said to ask the surveyor...
                      21-01-2021, 12:44 PM
                    • Reply to Negotiating a lease extension
                      by sgclacy
                      Does that include the surveyor fee ?...
                      23-09-2021, 14:36 PM
                    • Reply to Negotiating a lease extension
                      by LizLease
                      Thank you both

                      sgclacy, if you are talking about the "deed of surrender and regrant of lease", that is a 10 page document and as far as I am ware, there are no specific issues or complications with it. It's a flat in a 30 year-old small block of flats and there are no odd clauses...
                      23-09-2021, 12:17 PM
                    • Reply to Reasonable solicitor fees?
                      by LizLease
                      Thanks for the replies.
                      It has taken 6 months because the surveyor - who was dealing with the negotiations - was useless and not proactive / reactive. Add to that the fact that we had reached a deal I said OK to, then the freeholder and their solicitor turned around and said actually no, they...
                      23-09-2021, 12:09 PM
                    • Renewing the lease and sublet charges
                      by mpppen
                      I've just about finished the tortuous process of renewing the lease at a flat we own bringing it up to 170 years and no ground rent (yay).

                      It is rent out and I do keep getting sublet registration demands from an infamous mgm company on here.

                      I've read back through the forums...
                      21-09-2021, 18:47 PM
                    • Reply to Renewing the lease and sublet charges
                      by mpppen
                      Ooh interesting, thanks Gordon.

                      I'll do some research to see if I can dig it up.
                      If anyone else knows more about this though in the interim, please shout.

                      Many thanks...
                      23-09-2021, 10:21 AM
                    Working...
                    X