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propertylawyer
propertylawyer, Solicitor
Category: Property Law
Satisfied Customers: 270
Experience:  Property solicitor with expertise in commercial and residential property transactions.
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We bought a flat in a house of 2 flats in a conservation

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Hi,
We bought a flat in a house of 2 flats in a conservation area. In our purchase contract, we have the agreement of the freeholder for us to install a bike storage in the communal front garden. However, after we exchanged the contracts, moved in, and started the installation of the bike storage - it turned out that our neighbours oppose the idea of having anything in the front garden. After referring to our agreement with the freeholder, they suggested we need planning permission. We applied for a planning permission at the local council, but this was rejected.
At the beginning of the buying process, when our solicitor put our requirements in the contract, we communicated clearly to her that we want a flat with a secure storage for 2 bikes. She keeps enforcing the fact that we have a flat with a potential for this storage, not wanting to take any responsibility. But we clearly can't have this store installed as the neighbours and council are opposing it.
We feel that we have been missold, our requirements have been lost in the communication with the solicitor, and not sure who could give us any help.
I'm writing you with the hope that you can help us or suggest what else we might try out to obtain what we feel we have paid for.
Reka
Submitted: 9 months ago.
Category: Property Law
Expert:  propertylawyer replied 9 months ago.

Hi Reka

My name is ***** ***** I will try to help.

This will depend on the advice you were given depending on the deal. It could have been possible to find out the position before exchange of contracts.

If the cycle store was fundamental to the deal then steps should have been taken to ensure before exchange to establish that you could have installed the store following completion. This would include making proper enquiries on the issue of planning, obtaining the appropriate consents and permission of the landlord.

If this was not adequately dealt with there would be potential to end up in the position that you have.

It will be very difficult to comment on this matter via this website without having sight of the correspondence/documentation which will evidence your instructions and your solicitor's advice. Such a task would be beyond the scope of this service.

If you feel that you were not given appropriate advice or that your solicitor acted negligently you can make a formal complaint to the law firm and depending on the outcome raise the matter with the Solicitors Regulation Authority.

I hope this answer is useful in setting out your next steps. If not please don't hesitate to come back to me.

Best wishes...

propertylawyer, Solicitor
Category: Property Law
Satisfied Customers: 270
Experience: Property solicitor with expertise in commercial and residential property transactions.
propertylawyer and other Property Law Specialists are ready to help you
Customer: replied 9 months ago.
Hi Paul,Thank you very much for your advice - it is helpful.
Re:
"It will be very difficult to comment on this matter via this website without having sight of the correspondence/documentation which will evidence your instructions and your solicitor's advice. Such a task would be beyond the scope of this service."
Could you advise me on how to find a reliable professional who could analyse the situation based on our correspondence/documentation, present what our options are and help us finding a solution?
These documents are not of sensitive nature, so I could send you a couple of key extracts if you are willing to look into them.
Thank you!Reka

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