I own a retirement flat. I decided to extend the lease, prior to selling. I contacted the lease company (a large organisation) and agreed price + costs for the lease extension. They appointed their solicitor to extend the lease. The lease he produced was sent by my solicitor to the Land Registry for registering - they returned it saying there were errors in the drafting.

Both my solicitor and I have contacted the solicitor asking for it to be corrected. He has refused, saying "he knows how to do a lease extension" and that he will not correct it as the Land Registry requires. So they will not register it, naturally.

I have contacted the Lease company to sort this out, they merely respond that, if this is their solicitors advice, they will not do anything. I have therefore paid thousands for the lease extension + costs to the solicitors, and I have no lease extension.

The lease company also refuse to return the lease costs. Unbelievable.

I have tried various Ombudsman, but as I am not the solicitors client, they can "do nothing". The lease company does not belong to a Regulatory body.

I am therefore at the point of taking Small Claims against the lease company. I need to know what legislation they have contravened, as I am unsure the Sale & Supply of Goods Act 1982 applies. Can anyone advise me?

You need to post this in either

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?65-Residential-and-Commercial-lettings-Freehold-issues

Or General Legal

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?412-General-Legal-Issues

for some advice.

I will ask one of hte site team to move it for you.

Hi Parra and welcome to CAG

I'm moving your thread to the Residential and Commercial Lettings/Freehold Issues forum, in the hope that you get some advice about how to tackle your problem.

I'm surprised that YOUR sol'r didn't spot the errors that caused Land Registry to reject the papers.

Hi Parra and welcome to CAG

 

I'm moving your thread to the Residential and Commercial Lettings/Freehold Issues forum, in the hope that you get some advice about how to tackle your problem.

 

I'm surprised that YOUR sol'r didn't spot the errors that caused Land Registry to reject the papers.

On paper, yes, but I was selling the property at that point, so I tasked my solicitor as a conveyancing lawyer, and not a lease specialist, just to register lease extension, prior to sale. I wrongly assumed the solicitor for the lease company, being the specialist, would know what he was doing!

you can go directly to the Leasehold Tribunal as you cant get an agreement on this matter. You may find that the company an their solicitors suddenly become more co-operative as the tribunal can make some very harsh decisions (999 year lease @£1 a year for example) if the landlord doesnt play along.

you can go directly to the Leasehold Tribunal as you cant get an agreement on this matter.

Is that the same as what was known as the "Leasehold Valuation Tribunal", that is now the "First-tier Tribunal (Property Chamber) "?

yes. I know they can make a decision if the LL has been obstructive or failed to respond to a proper request.

As for retrun of monies, consider the small claims court if it is under £10k