Solicitor won't do as I ask

[Beyonda]

I have been trying to extend the lease on my flat for nearly a year. I have instructed a solicitor who recently told me that the freeholder's solicitor had said that the lease extension proposal was invalid because it mentioned a parking space that had been sold before I bought the flat. My solicitor claimed that it was a completely separate matter and should not render the section 42 invalid. I was told that I could either go to court or submit a new section 42 - at my expense, naturally.

In desperation, I got in touch with the freeholder's solicitor which I am aware is not the usual procedure and was told by them that they had asked whether the parking space should be included in the proposal or if it should be excluded. They claim that if my solicitor told them to exclude it then the process could continue without further delays.

I asked my solicitor to do this and they refused, they want to serve another notice. I don't know what to do now. Of course, I know I could sack the solicitor but then I would have to start all over again.

Do I have any right to insist that my solicitor does as I ask?

Ask for your file - all correspondence made on behalf of you in this matter.

Thank you for that suggestion, I had asked for clarification on what had been happening but was fobbed off. I will make it crystal clear that I would like to see my file.

@Beyonda

Thank you for that suggestion, I had asked for clarification on what had been happening but was fobbed off. I will make it crystal clear that I would like to see my file.

No, not "would like to"

You are going to see your file. And that is that.

Who is paying who here ?

When you engaged the solicitor you will have been sent a letter setting out how to escalate concerns (regulatory requirement). I would escalate rather than ask for the file as you don’t want to / may not be qualified to go through it & assess whether they have done the right thing - good luck

I have done both and I found your comment very encouraging, ProfessorSlocombe, I have paid hundreds of pounds for a piece of paper that wasn't even fit for purpose.

The solicitor is well aware of the enormous amounts of stress the situation has caused me and is making me feel worse by ignoring my instructions. All they do is say the same thing over and over again.

I am beginning to wonder if my solicitor's reluctance to remove the reference to the parking space is because it would make it obvious that it should never have been included in the first place and that it could give grounds for dismissal in court as it was wrong. I would then have to wait another year before another notice could be served.

Does anyone know if Section 42 notices can be amended after they have been served?