How should we deal with the errors in the Engrossment Lease when buying a flat?

mustang1

There are usually 2 parts to an engrossment lease - one copy is signed by the landlord and the other is signed by the tenant and then once completion has taken place, each party swaps its signed part.

If there is not enough time to get a corrected engrossment, then you have two options:

1. Sign the lease you have been sent and send written instructions authorising you solicitor to make the necessary amendments on your behalf and specify which amendments you would like to be made before you authorise completion.

2. Make the amendments yourself and put your initials next to them.

When your solicitor completes, he or she will have to agree with the solicitor for the landlord that those amendments are also made to the lease signed by the landlord before the lease is actually completed. Given that they are relatively minor amendments, there should be no issue with this.

This happens all the time so don't worry too much but just make your instructions clear to your solicitor.

helger

G_M wrote: »

Look - try a bit of logic. Given what you say the logical thing to do is get the V's solicitor to redraft, courier to his client for signature, then courier to your solicitor.

Then you've accomplished what you need for your protection.

Now I don't know how much of this is a) necessary or b) achievable, but i's the best you can strive for.

Your solicitor may tell you on Monday to 'chill out'and explain why.

You may be faced with the choice of delaying Completion (which you don't want to do) ir accepting the risk of the lease as is (though it seems the vendor has not even signed it themselves - and you are reluctant to do this too.)

I'm just suggesting rather obvious ways for you to speed things up!

Many thanks again for your very useful comments.

helger

mustang1 wrote: »

There are usually 2 parts to an engrossment lease - one copy is signed by the landlord and the other is signed by the tenant and then once completion has taken place, each party swaps its signed part.

If there is not enough time to get a corrected engrossment, then you have two options:

1. Sign the lease you have been sent and send written instructions authorising you solicitor to make the necessary amendments on your behalf and specify which amendments you would like to be made before you authorise completion.

2. Make the amendments yourself and put your initials next to them.

When your solicitor completes, he or she will have to agree with the solicitor for the landlord that those amendments are also made to the lease signed by the landlord before the lease is actually completed. Given that they are relatively minor amendments, there should be no issue with this.

This happens all the time so don't worry too much but just make your instructions clear to your solicitor.

Many thanks, mustang1, for pointing out an alternative solution by make corrections on the current version of the engrossment lease.

There should be enough time to do this, and I think this is acceptable.

Many thanks again!

Richard_Webster

I think you are entitled to expect your solicitor to explain to you now why the lease does not need to be altered. The explanation may satisfy you but they should not palm you off. You are paying them.

If they won't explain then escalate it to a complaint and request the senior partner deals with immediately given the urgency.

If amendments were needed and the solicitors wanted to sort it the developer's solicitor could send revised pages electronically to your solicitors who could print them out so that they could be inserted into the final version instead of the unsatisfactory pages.

helger

Richard_Webster wrote: »

I think you are entitled to expect your solicitor to explain to you now why the lease does not need to be altered. The explanation may satisfy you but they should not palm you off. You are paying them.

If they won't explain then escalate it to a complaint and request the senior partner deals with immediately given the urgency.

If amendments were needed and the solicitors wanted to sort it the developer's solicitor could send revised pages electronically to your solicitors who could print them out so that they could be inserted into the final version instead of the unsatisfactory pages.

Many thanks Richard for your comments.
Do you think I should insist on the amendments or I just worried for nothing?

Richard_Webster

Many thanks Richard for your comments.
Do you think I should insist on the amendments or I just worried for nothing?

Difficult to tell without seeing the lease. That's why you need your solicitor to explain to you why he thinks the amendments aren't needed.