Deed of Covenant fee

Soldato
Joined
11 May 2011
Posts
2,901
Location
Farnborough
I bought my own home beginning of september,
My solicitor has contacted me saying that X have been in touch in relation to the Deed of Covenant and requested a fee of £290.00.

One of my solicitors emails
I am chasing X and will give you a call later this afternoon, after I have spoken with them. Still trying to get out of the payment as I do not think this was made apparent in the information provided, but it may be that we have to bite the bullet.

Can anyone explain what this is for?
 
Do you have a management company?

Deed of Covenant
It may be that the new owner needs to enter into a Deed of Covenant with the landlord and/or management company. A Deed of Covenant is a legally binding agreement whereby one party covenants with the other to perform certain obligations (to pay rent and service charge, to deal with assignment requirements etc.) and/or observe certain restrictions (not to cause nuisance, obstruct common parts etc.). Look out for something similar to the following: “Not to assign, underlet or otherwise part with possession of the property without first ensuring that the assignee or underlessee enters into a direct covenant with the lessor to observe and perform the covenants on the part of the lessee contained herein”.

If a Deed of Covenant is required then as part of your enquiries you should ask what the landlord/management company's requirements are and what fees are payable. They may have their own form of Deed which you must use or they may require you to draft your own. If the latter then follow this link and you can download a specimen deed. There will often be a fee payable to the landlord/management company for drafting or approving the Deed. Note that the landlord/management company will not usually need to sign the Deed.

http://freeconveyancingadvice.co.uk/sale-purchase/buying-property
 
Firstly your solicitor is negligent for not checking this before completion and secondly the fee is extortionate - I would expect much less for a simple deed of covenant.

Did you use an online conveyancing factory?
 
Fee is expensive but not out of the ordinary, management companies are absolute ruthless.

Just dealt with a purchase where there were 2 management companies/agents involved as well as 2 different landlords. Needed 2x deed of covenant at ~100+VAT a pop, 3x notice of transfer (2 of which needed notice of charge separate) at 90 a pop, 2x certificates of compliance at ~150 a pop.... Madness.

Whilst the solicitor should have brought it to your attention beforehand and it may well be worth a word with their head of department/complaints manager to point it out, you would have had to pay it anyway and it's unlikely they will be able to get out of it as it was probably in the lease somewhere or at worst buried in a 50 page 'management pack' :(
 
I pretty sure when we bought an additional deed was needed and cost us around 20 quid :/
Are there different ones?

I'm not allowed goats or sheep on my land apparently lol
 
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