Nick Pope

Registered with Property118.com
Sunday 18th August 2013


Latest Comments

Total Number of Property118 Comments: 152

Nick Pope

10:15 AM, 12th January 2019
About 2 months ago

When does completed mean completed?

As a surveyor and an old estate agent I always advised my clients that they should always choose and instruct their own solicitor for new property purchase rather than one recommended by the developer - the "special" fee involved usually means that you will get a cut-price job and the solicitor will not be fully independent.
If you had a mortgage it is likely that the tame solicitor also acted for your mortgage lender and I would suggest that you also take up the matter with them as it seems that they have also been misled by their own legal representative into believing that the property was complete. They will have considerably more leverage than you as they can always withdraw the solicitor's accreditation to act on their behalf in the future.
It also appears that either the Warranty Certificate and Building Regulations Completion Certificate have been incorrectly issued as the property cannot be safely accessed or that the solicitors acting for Fortis have been economical with the truth. Your solicitor should have required to see a copy of these documents before advising you to complete.
I would also discuss this with the Law Society - starting their complaints procedure tends to focus lawyers minds almost immediately - let your lawyers know you intend to go down this route immediately.
Next stop is the local Building Control Dept. I would call them and ask if it is their policy to issue completion certificates on properties which are incomplete. In this case it is possible that the Building Control has been delegated to the warranty provider (NHBC will often fulfil this function) and thay should be able to confirm if this has been done.
Then call the warranty provider and ask them how the hell thay can issue a warranty on a property which is incomplete. If they have indeed done that the start their complaints/claims procedure immediately.
I suspect that the rent guarantee sum was built into the original purchase price but this is not a matter which should be allowed to muddy the waters. You bought a property which could not be safely occupied on the advice of supposed professionals who were paid by you to act on your behalf and they simply failed in their duties.
I have looked at the PLS website and whilst there are many complimentary reviews there are also some stinkers. It seems that this is one of the industrial style firms (there are mentions of Team 10 and Team 21) where one qualified solicitor looks after many conveyancing clerks who do the work but don't always understand the complexities of residential conveyancing and consequently don't flag up problems to the solicitor signing off the work.
My advice - shoot off complaints in all directions and demand explanations as to why the work you paid for was not of a standard expected of professionals.... Read More

Nick Pope

18:46 PM, 22nd September 2018
About 6 months ago

Leaving agent that is a late payer

I can only advise landlords to do what I do. Instruct an agent on whatever terms you can agree and allow them to manage for 1 year. Your choice as to rent collection only or full management, whatever suits you best. Make it clear that at the end of 1 year and for the rest of the tenancy you can terminate at one months notice and take over management yourself with no penalty. If the tenant is easy then just take it back and do it yourself and if difficult then leave it with the agent and they can take the hassle. I make it clear that its a take it or leave it situation because I am not prepared to keep on paying year after year when I am keeping the same tenant in the property. In addition, I hold the deposit - no if's, but's or maybe's.
I have never had an argument yet and if the agent is flexible I keep going back to them.
Remember, you are doing them a favour, not vice versa.
One slight caveat - you may not find this easy as I am in a privileged position because my main profession is of benefit to agents and they want to keep on my good side.... Read More

Nick Pope

9:44 AM, 16th September 2018
About 6 months ago

New mandatory HMO licensing rules fast approaching - 1st Oct

Reply to the comment left by Chris Daniel at 16/09/2018 - 09:13
Yes. I use Metropix which is online. I only do a couple a year and you can pay for each plan. I think it's about £3. It's very simple - just draw a box, divide it into smaller boxes, put in windows and doors, kitchen fittings, sanitaryware, stairs etc and you're done. I can do a standard terraced house in a few minutes. For an additional fee it will convert to a 3d image.
If you need to do more then there is a wide range of free and paid for software.... Read More

Nick Pope

7:22 AM, 16th September 2018
About 6 months ago

New mandatory HMO licensing rules fast approaching - 1st Oct

Reply to the comment left by stephanie nascimento at 12/09/2018 - 09:43Assuming the council don't want a full, to scale floorplan, you might try a domestic energy assessor who does EPC's. They have to measure properties anyway and many of them can do a basic floorplan with dimensions. Alternatively, speak to your friendly local estate agent and ask who does theirs.
For a full scaled plan then try an RICS building surveyor (find a local one at http://www.rics.org) or contact an architect - many have drawing technicians who can add all the detail if needed.

On another point - remember that the licence is personal to the individual or company. If you are buying an HMO it will not automatically transfer. You should check with LA as to their specific requirements to prove you are a fit and proper person.... Read More

Nick Pope

7:55 AM, 10th September 2018
About 6 months ago

Changed my mind landlord not moving now?

Mesne profits were mentioned. This is absolutely correct. You should never accept rent even if offered as such as that creates a landlord/tenant situation and you are back to square 1. You need to acknowledge the money as mesne profits and if possible get the ex tenant (for such will he be) to sign a copy of the receipt for your records or alternatively have a 3rd party present if paid in person or send the receipt by post but signed for.... Read More