Conveyancing solicitors negligence in failing to correctly assign notice to extend lease
Mr G instructed Simpson Millar solicitors to act for him on the purchase of a flat. The sellers also served notice to extend the lease and Simpson Millar were responsible for correctly assigning the notice to Mr G so that he could have the benefit of it. This would allow Mr G to extend the lease without having to wait until he had been registered as owner of the property for two years, after which time he would have been entitled to apply in his own right. The solicitors failed to ensure that the assignment of the notice took place at the same time as the transfer of the property to our client and the benefit of the notice therefore did not transfer. Our client had to wait for two years before he could then apply to extend the lease in his own right, during which time the cost of the premium to extend had increased. Simpson Millar admitted liability for the claim and we recovered damages for the increase to the premium, the landlord’s legal and valuation fees, our client’s own legal and valuation fees and legal fees.