Defective Lease

minx24

Hi there,

Thanks to you all for your input.

In reply to Jenniefour;
The lady at the council we have all been contacting is a Legal Officer in the Legal & Corporate department.
I have copies of emails from both solicitors to this woman and I have also began communicating with her via email as she is vague and dismissive over the telephone.
The last email I have sent her basically states what you recommended....that I don't care whether they deem it to be an issue, I do and my buyer does, so we are requesting a deed of variation.

In reply to eanick;
The council have basically told my buyers solicitor that they are not bothered about the balcony but just do not see the need to have it on the lease, I suspect they are just trying to play it down as they don't want to admit that it is something that has been left off in error.

In reply to timmyt;

We have requested this deed of variation on a number of occasions and been told it is not necessary this is what I mean by "they seem reluctant" but I think you are right they are just lazy and slow.
And you are definitely right to point out my sillyness....I think the stress and constant stupidity I am faced everyday during this matter have caused me to lose my mind :eek:

The lady from the council I have been "dealing" with (I use that term loosely) is off today but I will be chasing her first thing Monday.

Thanks again for all your help.

Have a good weekend.

Jen x

Jenniefour

Jen,

What I would suggest is to find out exactly who is the council Legal Officers manager is - get further up the hierarchy. The person you are dealing with does not get the plot, and does not understand that the lack of deed of variation is blocking the sale you have in progress. Councils do do deeds of variation - there is another thread on here to that effect with a council who have been co-operative and produced the goods. I simply cannot see any reason whatsoever why they would not do this since you are footing the bill. And if there is indeed a legitimate reason they cannot do this you need to know exactly why, as timmyt says. If that were the case then they need to tell you what they can do instead that will resolve this problem.

'Not necessary' - this is not for them to decide since they are not selling or buying the flat - it is necessary to your buyer, and getting your sale completed. As freeholder they should be facilitating your sale, not obstructing it.

Not sure whether Legal Officers are legally qualified, or to what level - assuming they are, but you need to speak with someone more senior who actually understands what you are saying and stops this nonsense fobbing off. Put them on the spot now.

Have a nice weekend yourself !

Jennie