HELP! Lease Variation / Sub-letting Opposed. Buyer Wants to Withdraw From Flat Sale!

Lunchbox

Are you sure that isn't the head lease?

SuzieSue

Bee150 wrote: »

I don't have all the contact details of the other freeholders. .

Can't you post a letter through their doors? They need to be aware of the problems you are having selling your property as it directly affects them.

They might, of course, decide that they would prefer that the flats couldn't be rented out, but until you ask them you do not know.

Bee150

Only 3 freeholders - myself included currently live in the building. One has given me her consent and the other is away but says she'll be happy to talk when she gets back this week. I'll knock on doors now to see if the tenants are happy to give me their landlord's details.

SuzieSue

Bee150 wrote: »

5 out of 9 of the flats in the building are currently rented out..

This doesn't make any sense. So why isn't the director who is objecting to you changing the lease making a fuss about these flats?

SuzieSue

Bee150 wrote: »

one of the flats had the subletting clause completely removed before we bought the freehold

So didn't the director object to this or was he not a director at the time?

marksoton

Bee150 wrote: »

He claims they have it reduced to 1 year like he's agreed to do with mine - I have no way of confirming this unless I speak to the owners of the flats, but I now know that 2 out of the 5 rented flats actually had the clause taken out completely before we purchased the freehold.

How do you know?

The whole situation is bizarre.

Bee150

SuzieSue wrote: »

So didn't the director object to this or was he not a director at the time?

He claims they have it reduced to 1 year like he's agreed to do with mine - I have no way of confirming this unless I speak to the owners of the flats, but I now know that 2 out of the 5 rented flats actually had the clause taken out completely before we purchased the freehold.

Bee150

marksoton wrote: »

How do you know?

The whole situation is bizarre.

I agree - it is all very bizarre! The tenants happen to know for some reason, and they told me.

AnnieO1234

How old are the properties? It may be worth trying to get copies of all the current leases from Land Registry along with the landlord details if applicable. (Best practice is that the owners actual addresses are registered on the proprietorship register, doesn't always happen but should).

12 months is certainly reasonable, it sounds like a rather exclusive development however given this rule. Would that ring true? Is the director who is being awkward an occupier of the premises?

I can understand the reluctance to allow rentals, it's something I can imagine wanting myself as an occupier, but it's most unusual.

Xxx

eddddy

You would normally have a clause in the lease where the freeholder covenants that all leases will contain similar covenants.

In your case, it sounds like different leases have different covenants. That may mean the freeholder has breached a covenant to you.

This would give you stronger grounds for arguing for your lease to be varied to align it with other leases.


It sounds like you might have to get advice from a solicitor that specialises in leases/property.