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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10738
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I wanted a solicitor to transfer the Leashold of an unencumbered

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I wanted a solicitor to transfer the Leashold of an unencumbered flat to another person. Both parties presented evidence of identification (accepted) and the lease had over 100 years to run ( approx 113 yrs. left ?) A fee was quoted and paid.( reasonable £300 - £400 stg approx. ?) The issuers of the original leasehold ( a Local Council ) were notified and agreed to the change and altered their records accordingly. No monies were involved. I was notified and aware of tax implications etc. However, when the dust settled my solicitor then told me that it would be normal for the recipient of the title to engage another solicitor to effect the transfer to him on the U.K. Land Registry as it would constitute a "Conflict of Interest " otherwise. ?
I had done this before ( with a different property) with a different solicitor (now deceased) and he did not ever mention this requirement.
My question is : Should I have to engage another solicitor to act for the recipient or has my solicitor not completed the requirement requested and that I paid for ( excepting Land Registry Charges etc.) I valued the property below the taxation level requiring payment as there was a sitting tenant who is to remain in situ as long as he wishes. He pays a suitable market rent. As yet the LR has not been notified of the change which took place earlier this year.
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Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Sorry, but I am unable to reply to your private email address, as all correspondence has to go through this site.
Your Solicitor's quote of £300-£400 would have been for his time.
The Land Registration fee is what we Solicitors call a "disbursement" in that it is a fee which we have to pay to a third party.
To be fair, if you received a quote of £300-£400, it would not have been to include any disbursements (not only is there the Land Registration fee to pay, but your Solicitor no doubt also had to obtain up to date Copy Deeds from the Land Registry, to enable him to prepare the Transfer, at a cost of £6 and which is also a disbursement.
Unless both parties are existing clients of a firm or it is a family arrangement, it would be normal for both parties in a transaction to instruct independent Solicitors. I am not 100% sure if your Solicitor actually acted for the other party, or whether he was merely instructed by you, on the basis that your friend did not want to instruct his/her own Solicitor.
Either way, the Land Registration fee is something that a Buyer/recipient has to pay for, as it is the incoming Tenant's duty to register themselves as the new owner at the Land Registry.
Really, therefore, this fee should be the responsibility of the new owner. He should either instruct his own Solicitor to get the Land Registration application submitted, or if your own Solicitor is indeed happy to deal with it, pay him the required fee.
I hope this assists and sets out the position.
Please let me know if you require any further clarification.
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