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Michael Holly
Michael Holly, Solicitor
Category: Property Law
Satisfied Customers: 7088
Experience:  BA honours degree in law, over 20 years experience in litigation, contract and property matters
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I am thinking of changing my solicitor but require advice

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I am thinking of changing my solicitor but require advice regarding wither my expectations of the role of a solicitor is correct.
My case, I thought, is a pretty straight forward one legally speaking.
My husband and I own the joint freehold of a property together with the neighbour above. The loft is demised to neither of us.
The upstairs neighbour has built an extension into the loft.
As I understood the terms of the lease the neighbour has to pay for our solicitors and surveyors fees. Also, for change of lease the neighbour is required to pay us a sum.
As I understand it the sum is typically worked out as the increase in the price of her property due to the extension, minus the cost of building works, then divided in two, that is despite us currently having no access to the loft through our property.
Our solicitor has given no advice on what is typically considered legally fair.
Today, when we have received a letter from our neighbour's surveyor it stated that our costs will not be paid and the amount owed is zero -£8000 (baring in mind we live in N6). It also said some other things which are very questionable.
Our solicitor forwarded the letter from the surveyor simply advising us to let our surveyor and theirs talk to each other and to keep him informed.
There was no advice regarding the fact the lease already states that she is liable to pay for our solicitor and surveyor fees and yet again no advice about how to proceed or what is considered typically fair.
Should I expect such advice from him or am I missing something?
Caroline Graham

Dear *****

Your solicitor is acting as a post box and passing the buck to the surveyor to do the job.

The solicitor should both understand and advise on the process, what is to occur ,and who is to pay what, as well as take the lead in getting it done.

Unless there is a good reason for taking such a stance , I cannot think of one since your costs are to be paid by the other side anyway, I would expect the solicitor to be more pro active.

I hope this assists. If there any further points please reply I will be happy to respond.

Kindly rate my answer before leaving the system so I get credit for my time

Best wishes

Michael

Michael Holly and 3 other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Dear MichealMany thanks for your reply. It was both helpful and reassuring.Regards
Caroline