Extending lease - 1993 Act and "reasonable costs"

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    Extending lease - 1993 Act and "reasonable costs"

    Hi
    I am nearing the completion of extending my lease which I have done under the 1993 Act process - we have agreed a price, and agreed to pay the cost for the Freeholder's surveyor. However on this case which my solicitor has described as a "straightforward Part II case" the Freeholder's solicitor is claiming £1,622.50 + VAT (and rising), basically because he has little/ no knowledge of the 1993 Act and has spent a great deal of time on it. My solicitor has ended up doing all the legal work and had to completely redraft the lease therefore I feel I am basically being charged for his incompetence. Even my solicitor, who specialises in leases, called his costs "ridiculous" However, in order for my house sale to not fall through, my solicitor has recommended I pay £1,375 (this being the 5 hours at an hourly rate of £275 which is likely to be the most the LVT would awarded if costs were disputed by him)to move things along. Do you think this is a reasonable amount to pay for a solicitor who has been fairly incompetent or is there any way I can complete on the lease so complete my sale but dispute the costs separately?
    Thank you!

    #2
    As the freeholder/landlords solicitors should have advised you by providing the summary for rights for admin costs, you can challenge these at a letter date at the LVT.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

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      #3
      Originally posted by carosmiler View Post
      Hi
      I am nearing the completion of extending my lease which I have done under the 1993 Act process - we have agreed a price, and agreed to pay the cost for the Freeholder's surveyor. However on this case which my solicitor has described as a "straightforward Part II case" the Freeholder's solicitor is claiming £1,622.50 + VAT (and rising), basically because he has little/ no knowledge of the 1993 Act and has spent a great deal of time on it. My solicitor has ended up doing all the legal work and had to completely redraft the lease therefore I feel I am basically being charged for his incompetence. Even my solicitor, who specialises in leases, called his costs "ridiculous" However, in order for my house sale to not fall through, my solicitor has recommended I pay £1,375 (this being the 5 hours at an hourly rate of £275 which is likely to be the most the LVT would awarded if costs were disputed by him)to move things along. Do you think this is a reasonable amount to pay for a solicitor who has been fairly incompetent or is there any way I can complete on the lease so complete my sale but dispute the costs separately?
      Thank you!
      It is not a resonable amount but with all the deadlines and stresses that a house move can throw at you I think you should settle the sum. You should pay but make it clear that the sum is paid under protest and you reserve your rigts to refer it to the LVT Whilst I am sure the LVT would reduce the figure you will only gain anything if you do all the LVT paperwork yourself and attend a hearing.

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