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Lease Variation

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awiz
awiz Posts: 3 Newbie
First Anniversary
in House buying, renting & selling
The plan in my lease doesn't match the layout of my flat.
Is that a problem?

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  • Tom99
    Tom99 Posts: 5,371 Forumite
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    [FONT=Tahoma, sans-serif]Your solicitor should have asked you to check the plan when you bought the flat since they will not have inspected the flat.

    [/FONT] [FONT=Tahoma, sans-serif]It will become a problem when you sell the flat as your purchaser will check the plan.

    [/FONT] [FONT=Tahoma, sans-serif]You will then need to negotiate a deed of variation with your landlord, this will take time and you may have to pay their costs as well as yours.

    [/FONT] [FONT=Tahoma, sans-serif]The real problem will come if part of your flat is actually in another tenants lease plan, then they will need to agree as well.

    [/FONT] [FONT=Tahoma, sans-serif]You can sort it out now if you want to avoid delay on a future sale.[/FONT]
  • eddddy
    eddddy Posts: 16,442 Forumite
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    Do you know how it came to be wrong? Is it because a previous owner did some alterations?

    If so, asking for the lease variation might result in you having to request retrospective consent.

    It's likely that it will only become a problem if a future buyer of your flat queries it. But then it might take some time to sort out, and the buyer might decide not to wait, and walk away.

    Also, some freeholders 'fleece' leaseholders on this type of stuff when it's holding up a sale. The leaseholder agrees to pay excessive fees to avoid losing the buyer.

    So it may be better to get it resolved whilst there is no time pressure.
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