Solicitor complaint re house purchase

30 replies

Lilylolamillie · 29/09/2025 22:36

I’ve posted this in legal but adding here in the hope it’s seen and someone can offer advice.

I purchased a house in 2022. It was built in 2018 and I’m the second owner. As it’s a new build there are estate charges of around £300 year. The house is freehold and I own all of it (with a mortgage).

I’m coming up to remortgage and speaking to mortgage broker who has advised me there is a covenant on the deeds which means the management company need to produce a certificate of compliance in order for me to remortgage (or sell the house). I’ve contacted the management company about this and am sure there will be a charge for this.

My issue is that my solicitor failed to tell me about this restriction. I’ve checked my report on title. She had listed some restrictions with the management company - the need to pay their fees and need for approval for building work which I accepted.

However she didn’t mention this and in her conclusion at the end of the report says
‘the title to the Property is currently good and marketable; and
there are neither onerous restrictions or provisions affecting the Property nor other
matters of a legal nature that should deter you from proceeding in your proposed
purchase of the Property.’

Had I known that I need to obtain a certificate to remortgage or sell the property I’m not sure I’d have gone ahead with the purchase and would at the very least have negotiated further on price.

I feel I have a valid complaint with the solicitor to reimburse me any fees for obtaining a certificate and compensation for me purchasing a house without full information from her. I’m sure now it will be harder to sell in the future and / or worth less. I’d certainly have been very cautious had I been given this information and would probably have pulled out of the purchase. I’d already sold my previous house and was renting so I wasn’t in a chain and was in a strong position to buy.

Has anyone had experience of this? I think I have a valid complaint but before I contact the solicitors want to check. It just seems quite a large bit of information to not tell me.

Any advice appreciated.

OP posts:

SlatternIsMyMiddleName · 30/09/2025 19:39

That’s a perfectly normal certificate and is required to ensure your payments are made before selling/ remortgaging.

the management company will issue it when applied for as long as your payments are up to date although obviously I don’t know what they will charge.

i would be pretty sure if you were sent management company paperwork prior to purchase it will be in there somewhere.

unless the cost is prohibitive your title is still ‘good and marketable’ and this does not warrant a complaint.

NorthStar2231 · 30/09/2025 19:23

You should join homeowners rights network on Facebook groups - I hate to break it to you but you’re in a fleecehold with restrictions and covenants on your deeds.
Many mortgage providers won’t lend on these properties anymore and it makes it harder to sell. Ask questions on that group

Original poster

Lilylolamillie · 30/09/2025 00:47

Ah okay, my previous house was a new build and didn’t have this clause for remortgage so I’d never heard of it. I’d remortgaged twice when living there as lived there quite a while. I knew about the management pack when selling and know I’ll need that at the time I sell (no plans). Will call the management company tomorrow to ask for a certificate - hopefully won’t take too long to send through and not be too expensive.

OP posts:

LaraLiving · 30/09/2025 00:22

Not a leg to stand on.
will waste your money trying to fight it

Brightbluesomething · 30/09/2025 00:13

It’s not a reason to complain or an onerous request. Your solicitor is right. Perfectly common with new builds. It’s just new to you.
Email the management company and they’ll send you the certificate.
If you do sell you’ll need a sellers pack which is usually chargeable. Around £200 if I recall. Hardly enough to need to renegotiate the price.

Unflip

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