selling house and NPPR

duffysfarm

i am in the process of selling a rental house now and having problems with the NPPR. Basically it was from 2009 to 2013. I bought the house and lived in it from 2012. the solicitor acting for me in 2012 was also acting for the people selling and i dont think he did everything that he should have at the time and if there had been a different solicitor for one of the parties then it would have been spotted. for the time that the NPPR was in force i need to get either receipts showing payments or letter of exemption from local county council because the owner was living there and was not liable. i have contacted the solicitor looking for this and they have receipts for 2011 & 2012 but they dont seem to have anything for 2009 and 2010. they wont answer the phone or reply to emails on this. This is the only thing holding up the house sale and i would be annoyed if it fell through because of this. i am not sure what i can do at this stage. to threaten to report them to the law society seems a little strong and i have just looked at their website and they will only handle complaints going back 5 years. Any thoughts anyone?

myshirt

Going to be costly. Very costly. The amount due went up by 20 quid a month per month unpaid (240 a year) and then was subsumed into the LPT. Interest, penalties, the lot, you're talking a nice whack of money.

It stays as a charge on the house for c. 12 years (I emphasise the house, not the person in the house on the liability date).

jimmycrackcorm

You could get the solicitor to verify an exemption on behalf of the previous owners.

Marcusm

duffysfarm wrote: »

i am in the process of selling a rental house now and having problems with the NPPR. Basically it was from 2009 to 2013. I bought the house and lived in it from 2012. the solicitor acting for me in 2012 was also acting for the people selling and i dont think he did everything that he should have at the time and if there had been a different solicitor for one of the parties then it would have been spotted. for the time that the NPPR was in force i need to get either receipts showing payments or letter of exemption from local county council because the owner was living there and was not liable. i have contacted the solicitor looking for this and they have receipts for 2011 & 2012 but they dont seem to have anything for 2009 and 2010. they wont answer the phone or reply to emails on this. This is the only thing holding up the house sale and i would be annoyed if it fell through because of this. i am not sure what i can do at this stage. to threaten to report them to the law society seems a little strong and i have just looked at their website and they will only handle complaints going back 5 years. Any thoughts anyone?

It would be very odd in 2012 for a single solicitor to have acted for an unrelated buyer and seller, especially if there was any mortgage finance. The cost would be approx €8k and you should have your current solicitor press this point.

Graniteville

Your current solicitor could agree to hold funds amounting to any nppr fee until such time you get the certificate or confirmation of payment.

That would allow the sale proceed.

duffysfarm

i think this is the best option to help get the sale over the line.

Graniteville wrote: »

Your current solicitor could agree to hold funds amounting to any nppr fee until such time you get the certificate or confirmation of payment.

That would allow the sale proceed.

duffysfarm

thanks for all the replies so far. i suppose what i am asking is, if the solicitor acting for me in 2012 did not do everything correctly am i out of pocket at the end of the day?

Victor

duffysfarm wrote: »

the solicitor acting for me in 2012 was also acting for the people selling

This is a big no-no. You should have had independent legal advice then and you should seek it now.

4ensic15

duffysfarm wrote: »

i am in the process of selling a rental house now and having problems with the NPPR. Basically it was from 2009 to 2013. I bought the house and lived in it from 2012. the solicitor acting for me in 2012 was also acting for the people selling and i dont think he did everything that he should have at the time and if there had been a different solicitor for one of the parties then it would have been spotted. ?

Was it before or after 5th October 2012?

The_Conductor

duffysfarm wrote: »

thanks for all the replies so far. i suppose what i am asking is, if the solicitor acting for me in 2012 did not do everything correctly am i out of pocket at the end of the day?

Yes- unless you can prove otherwise.

duffysfarm

before - september 2012

4ensic15 wrote: »

Was it before or after 5th October 2012?

4ensic15

You are selling that house for a long time. There seems to be a lot of problems with it.

duffysfarm

How do you figure that out Einstein?

4ensic15 wrote: »

You are selling that house for a long time. There seems to be a lot of problems with it.

3DataModem

duffysfarm wrote: »

How do you figure that out Einstein?

https://www.boards.ie/search/submit/?user=631669&sort=newest&date_to=&date_from=&query=%2A%3A%2A&page=4

The_Conductor

3DataModem wrote: »

https://www.boards.ie/search/submit/?user=631669&sort=newest&date_to=&date_from=&query=%2A%3A%2A&page=4

First mention is 9 weeks ago.......?
Anyhow- we've veered off-topic.
OP- at this point I would strongly suggest you get proper advice from a professional on the matter- and not from an internet forum.

The best of good luck to you with the proposed sale.

Graniteville

4ensic15 wrote: »

You are selling that house for a long time. There seems to be a lot of problems with it.

Don't know if you've ever bought/sold a property, but legals can take 4 months especially if one solicitor is pedantic.

The NPPR is one thing that can be forgotten about until late in the legals and if there's an issue it suddenly becomes a stumbling block as it applies to the house itself rather then a person and a new buyer would be responsible if it was not in order.

Worst case scenario the OP owes almost €4,000 on what was originally a €200/year fee.

Councils are dreadfully slow at giving certificates or any other information, so maybe see if the estate agent has any contacts within the council to get the information.


I'm guessing that as 2011 & 2012 were paid, that previous years were either paid or exempt.

pc7

Just on the expiry of NPPR fees is it 12 years from 2008?

3DataModem

pc7 wrote: »

Just on the expiry of NPPR fees is it 12 years from 2008?

The act seems clear that both charges and late payment fees are deemed seperately subject to the expiry terms.

The said property shall not... remain charged with or liable to the payment of such unpaid charge or late payment fee after the expiration of 12 years from the date upon which the amount concerned fell due.

So anyone who had a liability prior to Aug 2014 had further fees added on Aug 2014, and then the amount frozen. The additional amounts added in Aug 2014 will be due until September 2026.

So for example say you paid every year except 2010.

The 200 charge in 2010 increased every month by 20 from June 2010 until March 2014 - that's another 900 bringing total to 1100. Then another 120 is added for not availing of the 2014 amnesty bringing total to 1220, then another 50% is added, bringing the total to about 1830.

Expiry;

• The 200 charge expires in June 2022
• Then a further 20 expires each month thereafter until March 2026
• A further 120 expires in September 2026
• The 50% bump (610) expires in September 2026

(happy to be corrected)

4ensic15

Graniteville wrote: »

Worst case scenario the OP owes almost €4,000 on what was originally a €200/year fee.

.

Worst case is €7,320.

Graniteville

4ensic15 wrote: »

Worst case is €7,320.

OP says 2011 and 2012 have been paid and documents backing that are available.

Hence, max potential liability is under €4,000