Solicitor lost lease documents - 1 year later its the tax man that notices.....

monkeyboy

Registered User
Messages
668
My solicitor sent me lease documnets for signing once we had moved into our place.
We returned them in the post as we had received them ( not by registerd post ).

Nearly exactly a year later solicitor contacts me to say the lease was lost / never received and it was the tax man who has noticed this NOT the solicitor.

Apparently its the clients duty to ensure that the solicitor receives the returned contract and not the firms responsibility to track these sort of things, with any sort of mail register or tracking system for such important documents etc.
Its amazing it was not spotted over 1 year. The other thing is the package would have made it the solicitor with an address of Mr Solicitor, Co Where he lives.
It baffles how it got "lost in the post" and I would be inclined to think an organisiation that allows a year to pass without realising this occurance, is the sort of organiation that would potentially lose documents internally between offces perhaps...

I send out sub contracts constantly in my line of work. Its MY resnsibility to make sure they are received, signed and returned to me.

Surely my solicitor must have the same obligation to look after the client in this regard, thats what we pay them for, to manage this task for us, that we know nothing about........ A duty of care if you will.....??

The tax man has now indicated penalties etc may be due where do I stand here ??

thanks
MB
 
I think it is your responsibility. Your solicitor sent the docs to you for signature and never got them back. Payment of stamp duty is your liability. You can second guess and complain all you like but those seem to be the stark facts.

How much stamp duty are we talking about? Solicitor can apply to have penalities and interest mitigated IF there are extenuating circumstances. Also there is an amnesty available at present re penalities for 56 days after the enactment of the Finance Bill 2008 on the 24th December last so probably best to get a move on and apply for amnesty.
 
The purchaser is responsible for the stamp duty I'm afraid. As Vanilla says there is an amnesty in place regarding penalties (not interest) until mid February so you will have to act quickly. Get the stamp duty paid as it stops interest accruing on the Lease.

Of interest you say Lease which makes it sound like a new property which you live in so is stamp duty definitely payable?

I have seen documents go astray in the post before and would always use registered post or courier for anything important.
 
Back
Top