The nervous wait to exchange....

[Mr. Peri Peri]

Well that was stressful, but we have now exchanged

Now, after giving notice to our current landlord, they are trying to say we cannot leave on the last day of our fixed tenancy agreement. We have to wait for it to finish, then give a months notice, so they seem to think a 6 month fixed term agreement locks the tenant in for 7 months.... but then they also think they can let themselves in to your home for any reason as and when they please without your permission. Wtf is wrong with these people

 

[Scottland]

Now exchanging Monday because our buyers solicitors are off today, paperwork was signed Tuesday

Still completing next Fri though *crosses fingers*

 

[Skillmister]

Well that was stressful, but we have now exchanged

Now, after giving notice to our current landlord, they are trying to say we cannot leave on the last day of our fixed tenancy agreement. We have to wait for it to finish, then give a months notice, so they seem to think a 6 month fixed term agreement locks the tenant in for 7 months.... but then they also think they can let themselves in to your home for any reason as and when they please without your permission. Wtf is wrong with these people

Serve your notices correctly by recorded delivery and leave on the end date, cancelling your standing order. Nothing they can do!

 

[Mr. Peri Peri]

Serve your notices correctly by recorded delivery and leave on the end date, cancelling your standing order. Nothing they can do!

I delivered it by hand to the letting agent (who have confirmed receipt of it) and also sent a digital version.

They are now taking advice from their solicitor. They keep quoting a clause from the agreement that we have to give a months notice, but this refers to where the tenancy has become a periodic one. This would only happen if we did not leave on the final day of the term. The fact is the way their agreement is written, we don't have to give any prior notice whatsoever and could leave on the final day, I was just trying to do a courtesy to the landlord! (it is actually the cowboy letting agent causing all the grief)

I expect we will have a fun time getting the deposit back.

 

[Skillmister]

It would be very odd to have an agreement that didn't require notice given to leave as it usually becomes periodic. I'm not a landlord & tenant lawyer but if your deposit is protected (which it legally has to be - did you get details of the scheme when you moved in?) you shouldn't have any trouble getting it back provided you have evidence of when your notice was given and that it was given correctly.

 

[Mr. Peri Peri]

It would be very odd to have an agreement that didn't require notice given to leave as it usually becomes periodic. I'm not a landlord & tenant lawyer but if your deposit is protected (which it legally has to be - did you get details of the scheme when you moved in?) you shouldn't have any trouble getting it back provided you have evidence of when your notice was given and that it was given correctly.

As the only clause in the agreement which refers to giving notice is specifically in regards to once the tenancy has become periodic, no notice period actually applies to the fixed term agreement if wanting to leave on the final day. I'm still giving more than a months notice despite this, but they are trying to say the earliest time I can leave is 1 month after the end of the fixed term e.g. at month 7.

Yeah it's all protected and have the details. I just suspect given their fundamental misunderstandings on what they can and can't do means they will try it on with the deposit too. I'm sure it will all get sorted in the end, it's just additional needless stress!

 

[Scottland]

******* solicitors

Supposed to have exchanged last Friday - our buyers solicitors have now said they won't exchange until we provide a receipt/certificate for the boilers last service which we've already told them we didn't have.

If they had said this weeks ago we could have arranged for another service to be done (which we're quite happy to do), but 3 days before we're supposed to complete is a ******* joke

 

[fastwunz]

******* solicitors

Supposed to have exchanged last Friday - our buyers solicitors have now said they won't exchange until we provide a receipt/certificate for the boilers last service which we've already told them we didn't have.

If they had said this weeks ago we could have arranged for another service to be done (which we're quite happy to do), but 3 days before we're supposed to complete is a ******* joke

Its more than likely the buyer saying this - just get one done yourself by a local Gas Safe Tradesman

 

[Scottland]

That's what we're likely going to have to do, even if it is the buyers that have gone in to ask for it - the solicitors should have gone through all this with them weeks and weeks ago.

 

[Blinkz]

Urgh so the management company for our flat is still being useless. The lady who deals with the building returned but still couldn't answer any questions. So we now have a form with basically no answers on. We've pestered them, but they just say they don't have the info and we need to speak to the landlords solicitors. The solicitors have no idea either and so are waiting for answers from the landlord (which is just some big property company so I'm sure won't know any of the answers) So basically we have no way of filling out the form, and the buyer is now threatening pulling out of the sale without the info. Sadly I don't see anyway to fix it

 

[Skillmister]

We have a similar situation at work at the moment. There is a development of 30 flats which was built about 5 years ago so I dealt with some of them when original buyers purchased over the last few years - easy enough..

Now the first few re-sales are taking place and we're dealing with two, one acting for seller and one acting for buyer. But neither the landlord or the management company seem to have an idea of what their obligations are. Made even worse because they are shared equity so there is all manner of complications. They both instruct large solicitor firms who obviously feel no need to deal with such petty matters with any urgency. So these transactions have been going on for months but getting nowhere! It's ****

 

[Blinkz]

We have a similar situation at work at the moment. There is a development of 30 flats which was built about 5 years ago so I dealt with some of them when original buyers purchased over the last few years - easy enough..

Now the first few re-sales are taking place and we're dealing with two, one acting for seller and one acting for buyer. But neither the landlord or the management company seem to have an idea of what their obligations are. Made even worse because they are shared equity so there is all manner of complications. They both instruct large solicitor firms who obviously feel no need to deal with such petty matters with any urgency. So these transactions have been going on for months but getting nowhere! It's ****

Sad state of affairs that its so common! Any suggestions on how to deal with it? At the moment we're still waiting to hear back from the landlord, I'm just hoping they will actually do something to fix the rubbish agent!

 

[Skillmister]

Unfortunately the only thing that seems to work is to get lucky with finding a contact at one of these places that can be used for all transactions. I have a select few people at some of the national management companies who have been helpful in the past and I go direct to them on new matters rather than make general initial enquiries. However these places don't seem tonretain staff for very long so not long till I'm back to square one!

Not all of the information is essential. The key things are recent ground rent and service charge invoices and an up to date statement of account showing payments and/or arrears (if any) and details of post-completion requirements I.e transfer fees, fees for getting a certificate to deal with restrictions on the title (if applicable), whether a buyer has to enter into a deed of covenant (basically a document that obligates them to comply with the terms of the lease etc). Think that's all, off the top of my head after several beers and not having the form in front of me I can't be sure But the rest is more "good to have" than essential...

 

[Kol]

After having an offer accepted and being gazumped to offering on another place which had been underpinned (as FTB we couldn't go through with that), back in mid-June we put an offer in on a ground floor mid-terrace Victorian flat. Looking through it's a little depressing the money we are paying for it but by London standards it's good especially as, rarely for zone 2 London, it comes with our own 70ft garden. Had the survey done which brought up signs of damp on the extended part of the house (which we intend to extend) nothing else major. We re-viewed the property on Monday (with the vendor present, she is a property developer) and sent the contracts off today.

Fingers crossed nothing else crops up, she's been keen to sell quickly for her next project. Our mortgage etc. is all done; searches back; she was walking us round offering to leave certain items in place (blinds, lights etc.) and then jokingly asked if we were still going through with it so don't see her doing anything silly at this stage. Not sure what else there is that could crop up now which would stop it.

Only thing which did was the freeholder doesn't manage the buildings insurance, so both us and the upstairs flat (new young professional couple) need our own insurance. As a result our lender requires we take out an indemnity for a few hundred quid which is fine by me. She has paid up the ground rent (receipt from freeholder) up until end of August, so all up to date it appears.

 

[Skillmister]

If the freeholder doesn't arrange insurance you're into all kinds of murky territory regarding the lease - more than I care to go into while on holiday but no doubt you will be advised accordingly anyway... It's far from an ideal situation and likely means there is more amiss than just that I.e maintenance arrangements etc.

Also as a buyer you should not be paying for the indemnity, the seller should pay. Or really the insurance should already be in place assuming the same problem was there when the seller bought.

 

[Kol]

Solicitors have informed everything else (maintenance etc.) is above board; just the split insurances. She's playing hard ball and refusing and to be honest for the sake of £320 we are just going to pay it. The sooner we move the sooner we start saving a few hundred quid a month on rent (our mortgage is ~£200 less a month) and it's our own place.

Thanks Skillmister, any advice you have appreciate but solicitors have been taking their time to review everything with a fine tooth comb.

 

[Delaney]

Ah reading through the last ~20 pages of this thread has made me feel somewhat sheepish as I thought our process was slow!

My gf and I as first time buyers have had an offer accepted on the 6th July on a flat in north London (with share of freehold and two secure parking spaces!).
We submitted a full application for a mortgage via broker by the 14th July.
Valuation booked for the 24th.
Valuation came back £15k under agreed price (£395k). This meant the mortgage would go up to 10% LTV (an increase of ~£85 a month just on interest) and we wanted to get another opinion before negotiating with the vendor.
The agents faffed about for a few days talking about an appeal - broker said no point as the value was so little the lender wouldn't bother.
We have now applied for another mortgage with Halifax via broker again, who in the meantime have dropped their rates to 2.24% on a 5 year fixed which is a bonus, we also opted for a homebuyers report (£795, ouch) - booked in for the 11th. The 11th!

It will probably be closer to two weeks by the time we have the report in front of us. To think if the first lender had valued it at offer price we'd be ~3 weeks ahead.

I'll have another 10 greys by the time this is done.

 

[Kol]

Exhanged. Completion on the 21st. Offer made 12th June. Solicitor was surprised at how speedy it went through for a leasehold. Cannot wait. I'm poor!

 

[Skillmister]

My purchase has been delayed by my surveyor who has been swamped and only just made it out to the property over 3 weeks after being instructed. That's what you get for using people you know personally at mates rates

He's come back to say that the ground floor suffers from damp coming from below and as a result some of the walls have some low down rising damp. I still want the property so am going to obtain quotes for taking up the almost fully carpeted ground floor (which I would have done at some point within the first ~6 months anyway), installing a damp proof membrane/course as appropriate and putting down new flooring. If I can renegotiate all/most of the cost off the purchase price I am happy to proceed as it's a good excuse to get the work that would inevitably need doing out of the way sooner rather than later leaving me with a nicer place to live!

 

[Mr.Stu]

Question. We are selling our house, expect it to go pretty quick. We have not however found a property to buy yet, that could take months.

When will we be expected to appoint solicitors to handle the sale? As soon as we accept an offer on ours, or when we find a property to buy?

Thanks