Unreasonable delay over land registry form

Archived press release

Date Published: 01/08/08

A solicitor incurred unnecessary costs as a result of Plymouth City Council's unreasonable delay in completing work to allow his clients to transfer part of their property to their son.

Plymouth City Council delayed unreasonably in completing work to allow a couple to transfer part of their property to their son, finds Local Government Ombudsman, Jerry White. In his report, issued today (1 August 2008) he says “I consider the delays in providing a response remain unjustified” and that the couple’s solicitor incurred extra costs as a result.

‘Mr Cole’ (not his real name for legal reasons), a solicitor acting for a couple selling their property, applied to the Council for the lifting of a restriction on the property so that they could transfer part of the land to their son prior to selling. The restriction was in the form of a section 106 agreement and so the Council needed to complete a Land Registry form. Mr Cole had to contact the Land Registry on three occasions to seek an extension of time because of the Council’s delay in completing the required form. As a result, Mr Cole incurred extra costs which at this point he has not passed onto his clients. 

The Ombudsman found that the Council had unreasonably delayed in completing the requested form as it has been unable to justify the time taken. The extra effort and costs incurred by Mr Cole could have been avoided if the Council had properly explained at the outset the time that the process would take. 

The Ombudsman also found that the Council had failed to deal with Mr Cole’s complaints in a timely manner. 

The Ombudsman finds maladministration causing injustice and recommends the Council to pay £400 to Mr Cole.

report ref 07B10025