Slow solicitors and commercial lease

[nijh]

Hi

I’m having difficulties getting a commercial lease renewal completed, it is for a retail shop. I think the tenant’s solicitor is dragging their heels, but equally my solicitor appears inept in getting anything progressed. In short:

July 2019 3 year lease granted to new tenant, my mother being the landlord.
Jan 2022 Tenant contacts me to express wish to renew for a 5 year term.
Jan 2022 I contact our usual solicitor on behalf of my mother for the process to be started.
Apr 2022 Sadly my mother passes away, solicitor informed and same solicitors engaged to submit probate etc.
Dec 2022 Probate sorted.
Jan 2023 Another solicitor instructed to transfer property into my and my sister’s names. We took the decision that our usual solicitor will stop being so from now on!

From February 2022 to present I have chased constantly by email to get the lease pushed through, I have contacted the tenant directly on a few occasions and they say they are chasing their solicitor and still want the renewal. We did almost get a lease agreed in February this year but at the last moment the tenant’s solicitor wanted something changing and we went back to the usual inactivity.

I realise there’s not much I can do in respect of the tenant’s solicitor but mine seems to be doing nothing to progress. I sent them another chaser email over a week ago and they haven’t even replied to me. It often takes a chase of a chase email to elicit a response.

What I want to do is to just take it out of their hands and instruct another firm to do it, but obviously I don’t want to incur double costs. Given the amount of time it’s taken do I have any firm ground on which to stand and refuse to pay the original solicitors as they haven’t performed the task in a reasonable time?

I’m out of ideas, any other suggestions welcome!

[didds]

My own ignorance here but why would you be ,liable for anything the original solicitors havent done? Of course their alleged time spent on it thus far to be paid for but if the new lease hasnt been forthcoming why would have to be paying to NOT have it finished ?

(Im probably missing something here of course! )

didds

[Mike4]

I realise there’s not much I can do in respect of the tenant’s solicitor but mine seems to be doing nothing to progress. I sent them another chaser email over a week ago and they haven’t even replied to me. It often takes a chase of a chase email to elicit a response.

Most solicitors in my experience still regard the telephone as new technology and prefer writing letters, or face-to-face dealing, let alone engaging by email. (My own solicitors, in case they are reading this, are a refreshing exception.) I'm pretty sure my own solicitors would have had the new lease you describe done and dusted in two or three days.

My advice is make an appointment to visit your solicitor and discuss it with them face to face. It sounds to me as though they don't really want your work and if you can discuss it with them amicably, you might find they would be as delighted as you for a new firm to take over the work.

[nijh]

Thanks both.

I think I’ll have a word with the solicitor doing the property transfer and explain the difficulties, they are asking about the lease situation in respect of the transfer anyway.

N