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Deed of covenant?
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Bumpandus · 21/09/2020 17:14

Hi all

I am awaiting a completion date for my house having had offer accepted 24th June and all enquiries finally answered last week.

I have now been told I need a deed of covenant with the housing association that the seller bought it from? This is what my solicitor wrote:
“You will note that a Deed of Covenant is required and I currently await the same together with the fee payable whereupon I will revert.”

How long should I expect this to take - has anyone else been through this?

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Bumpandus · 22/09/2020 11:10

Bump

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Hippopotamus1 · 22/09/2020 11:13

Is it a leasehold? If so it’s likely to make sure you are legally bound by the covenants given by the original purchaser to the HA. The lease may contain a form of the deed of covenant - if so, all your solicitor has to do is type it out and ask you to sign it.

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Bluntness100 · 22/09/2020 11:18

That language is appalling there is no reason solicitors can’t write in plain English, it’s always the shit ones who do this.

Ask him how he is obtaining that and how long it will take. And ask him to respond in plain English.

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Bumpandus · 22/09/2020 13:57

@Hippopotamus1 it’s freehold and my sol said they waiting for vendors sol to draft it and let us know the fee

@Bluntness100 I know right why can’t we be clear in 2020

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Bumpandus · 22/09/2020 13:57

@Bluntness100 also said they can’t advise a timescale so annoying

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Bluntness100 · 22/09/2020 17:43

My daughter is a trainee lawyer, for a large global firm, and one of their mantras is they talk in a language that their clients understand. They translate it for you.

She would never talk to you like that or fob you off. She would give you a clear concise answer of what was involved, why it was needed, what the implications are, when you’d get it and what the costs were. And in normal English.

The ones that end up doing conveyancing at a high stream firm, generally aren’t the ones who graduated highly. So talking in bullshit language is simply a put on affectation from someone a bit shit.

Honestly, you’re paying the guy. So tell him to get on to the other solicitor and to agreee a time line and come back to you with the fee and by end of the bloody week.

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Bumpandus · 23/09/2020 12:11

I don’t speak to the solicitor just the assistance and apparently they have no idea I am so annoyed

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MinnieMountain · 23/09/2020 19:31

It will be the HA drafting it.

If you're in contact with your seller, you could ask them if they can speak to the HA. It's not guaranteed to work but it's worth a try.

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Bumpandus · 23/09/2020 20:39

Yeah we speaking over Facebook annoyed that we didn’t complete weeks ago lol

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DollyPomPoms · 23/09/2020 23:18

Why do you think it is a man Bluntness?

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MinnieMountain · 24/09/2020 05:43

Bluntness knows everything about law because her DD is a trainee solicitor @DollyPomPoms Hmm

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Pipandmum · 24/09/2020 05:58

I had a deed of covenant on an ex council house I bought. It was included in the registry title and other bumpf - no one had to draft it it was part of the paperwork. There was no fee.
But investigating what it actually meant and implications did take a bit of time, and at one point I thought it had become a bit of delaying tactic.
But I also got the run around about 'waiting for the other side's solicitor' business - I think my solicitor forgot that I had signed a conflict of interest form as the other side's solicitor worked at the same firm! At one point when my guy said he hadn't had a response to something yet I suggested he just go across the hall and ask...

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Bumpandus · 24/09/2020 08:01

It’s actually a woman solicitor lol

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Bumpandus · 24/09/2020 08:01

@Pipandmum

I had a deed of covenant on an ex council house I bought. It was included in the registry title and other bumpf - no one had to draft it it was part of the paperwork. There was no fee.
But investigating what it actually meant and implications did take a bit of time, and at one point I thought it had become a bit of delaying tactic.
But I also got the run around about 'waiting for the other side's solicitor' business - I think my solicitor forgot that I had signed a conflict of interest form as the other side's solicitor worked at the same firm! At one point when my guy said he hadn't had a response to something yet I suggested he just go across the hall and ask...

Sometimes I think they have to be too official...
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Bumpandus · 29/09/2020 10:03

I’m still waiting for this to be sorted :(

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mumwon · 29/09/2020 15:48

me being cynical - when we bought our house(s) (moved a few times) & the last 2 times it was only 3 people in chain (& have had only 1 below as owner of property we were purchasing was in Nursing Home) the length of time taken was ridiculous - our first house took 6 weeks (so long ago the solicitor didn't have computer/email they used phone & post &we had appointments with them -go figure! So cash buyers no mortgage & it takes over 3 months!
I think sometimes the solicitors have too many sales & purchases going on & they have to delay &they operate a waiting list

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DollyPomPoms · 29/09/2020 16:32

Mumwon, I’ve been in Conveyancing for 15 years. The amount of legislation change during that time has been ridiculous. There are many things we have to do now we didn’t have to then. All of this takes time. It truest is exhausting. If I could go back 15 years I would!

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Bumpandus · 30/09/2020 15:55

Bumpandus

So update:
Been in touch with vendor who confirmed this deed is done and who said his solicitor is literally waiting for a reply from mine re completion dates.

I have sent about 5 emails in the last 3 days and I’m getting ignored and the main one of the team is out of office ... I’m sooooo annoyed!!

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