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ClaireD, Solicitor
Category: Property Law
Satisfied Customers: 3090
Experience:  I am a specialist property lawyer dealing in all aspects of residential and commercial property with 14 years experience
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I purchased 2 properties 6 years ago and have been letting

Customer Question

I purchased 2 properties 6 years ago and have been letting them out on AST's and holiday use. I have just found out they are holiday lets only and the council will enforce this if I continue to do AST's.

When I purchased the site had holiday amenities such as Reception with a meet and greet service for guests, swimming pool, bar & games room. These facilities were demolished and a further 8 properties were built on it. Now these amenities have been taken away, I cannot let these for holidays. My solicitor didnt point this planning application out when I purchased as I would not have gone through with it if I had been made aware.

The properties are now in negative equity but I want to sell them as I cannot afford them now that the council have stopped me doing AST's.
Do I have a claim against the solicitors that did the conveyance for the difference the bank would claim? The value now is around £80,000 and the mortgage is £127,000.
Submitted: 5 years ago.
Category: Property Law
Expert:  ClaireD replied 5 years ago.
Hello.Yes there is potential for a claim against your solicitor who undertook the conveyancing. There is a limitation period of 6 years for negligence but this will be extended if the negligence was not discovered until later such as in your case.However I would advise you to make a complaint initially to the firm and then to seek legal advice as soon as possible.I would say that 6 years ago any planning application may not have been made. There are usually only 5 years in which to implement a planning permission.