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Personal covenants in lease - deed of variation requested

Patrick_A · 2012-11-27 16:18:38

Hello I am in the process of selling my flat to which i own the lease but the buyers solicitor has stated that as the covenants are described in the lease as personal and not binding should the landlord sell the freehold, he has advised the buyer and his lender not to proceed with the sale unless I procure a deed of…

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propertyman Posts: 2,922 Forumite

30 November 2012 at 10:52AM

I don't get that, if there is a superior title then what are you buying? It is the relationship between you and what you own and that lease that is important.

If this is a case of say a freehold, and then the head lease, out of which under leases for flats are granted, which is what I suspect you are buying, it is possible for the freeholder to enter into a direct covenant, as long as the head lessor, does not insist on carrying out their duties.

I cant say on limited information but I would want a well reasoned explanation and assurance but if your buyer takes it then move asap.

There are many reasons, from capacity to inclination, and those who are enthusiastic and charge a tidy for sum for those deeds.

Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
Actively hunting down the person who invented the imaginary tenure, "share freehold"; if you can show me one I will produce my daughter's unicorn
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Personal covenants in lease - deed of variation requested

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