NPPR

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CuriousGeorge11

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We purchased our home late 2011, we are in the process of extending and remortgaging and have hit a snag.

The NPPR charge for 2011 was paid by the former owner, we were able to get a certificate of exemption for 2012 and 2013 but the years 2009 and 2010 are stopping my solicitor from drawing down our new mortgage. The previous owner did live in the house but when we bought the house in 2011 the solicitors on our side and the previous owners side failed to get a signed declaration stating they lived in the house in 09 & 10.

Can anyone offer some advice on how to proceed with the solicitors (tracking down the former owner myself isn't really a viable option in my mind). The charge against the household is 4k. My solicitor has suggested I sign a declaration stating that they will with old this amount from the mortgage amount if it's Not sorted by the time of the last draw down. I'm struggling to sign anything to such effect and feel the previous solicitors need to rectify the mistake.

My solicitor has stated they will accept a declaration from the previous owners solicitor stating that they are aware that the person was resident in the PPR in the years in question
 
Get the vendor solicitor from original sale in 2011 to track down the owners and get a declaration. He most likely has their details.
 
Yes the onus was on the previous solicitor, he shouldn't have let the sale go through without this been sorted.

That NPPR has been a disaster from start to finish.
 
Hi,



We are in a similar situation. The solicitor never checked whether the NPPR paid and as we have sold the house the liability is still outstanding. Since the liability is related to 2009 we can't make a complaint about the services provided by the solicitor.



Do we have any options to avoid paying taxes and penalties?



It seems very unfair that different councils oppose different requirements in regards to declarations and proof and /or that some councils will come to agreements whereas some like the one we're dealing with (Meath) want the full whack.



We managed to track down the previous owner who was willing to sign a declaration and give us bills (this took 6 months) but today he “remembered” that he was not living in the house in the outstanding year (2009).



Very frustrated about recent the unfairness of the whole system.
 
In a similar position here, having bought in 2010 and furnished nppr from 2010-2013, the purchasers solicitor has requested 2009 cert. Have gone back to solicitor who dealt with the purchase for us but not exactly confident the 2009 cert will be there and unsure what will need to be done next.
 
I had the exact same issue, in my case I was very lucky that I had an email address for the last owner and they applied for the cert. it seems in your case the hose was not the PPr and tax is due. Your solicitor should have spotted this back in 2011 and they did not (mine was the same) I contacted the solicitor I used back then and they just gave me details of how they believed the very of discharge or exception was not required. Even when I read the documents it was clear she was wrong.
In the sort term I considered paying the tax that was outstanding but was told I’d have to pay the interest and penalties also. The was 9k in my case. I got lucky and the last owner just got the required certs and that was the end of the issue - here it looks like you are on the hook for the 4K.
maybe pay it and pursue the cost through the law society for the negligence of your solicitor?
It’s a mess, best of luck with it! Very annoying that this change was only valid for such a short period and still causing problems
 
Going through scenarios in my head - if in my case the 2009 nppr cert was provided during conveyancing in 2010 but for some reason or another could not be found now - would that leave us scrambling to try and contact the previous owners to obtain a second certificate?
 
This is an awful issue. I had to sell my late in-laws' house and prove to DCC that they had actually resided there a decade ago. In fairness DCC were efficient and helpful but the whole thing is absurd given how long it is since the tax was imposed.

I think an amnesty should be granted. The sums they are chasing are trivial and the cost of policing this is very high.
 
Claims in relation to cases more than 3 years old won't be entertained by the Law Society (convienently)
The different rules for different councils are also really unfair imo....
 
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