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

Bee150

AnnieO1234 wrote: »

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

It's a Victorian conversion in Kensington so very old and in quite an exclusive area. To be fair, as an owner occupier, I do see the potential benefits of the clause, but if it devalues the properties or makes them difficult to sell, I feel it is worth looking at other ways around the issue of potentially troublesome tenants. I doubt that anyone paying what the flats are currently worth will be a careless landlord renting without proper checks etc but if they are, the problem won't be resolved simply by having year long leases instead of 6 month leases. As one of the other freeholders pointed out, having to put up with with a troublesome neighbor / tenant for 1 year is just as much of a consideration. A 6 month break clause means troublesome tenants can be evicted quicker!

The director was an occupier but his flat is now rented out.

marksoton

Ah, the strange world of the royal borough of Chelsea and Kensington.

Again, i'd just take the year and be done with it.

SuzieSue

Bee150 wrote: »

I

The director was an occupier but his flat is now rented out.

Unbelievable. So it is ok for him to rent his property out but he doesn't want your buyer to have that option.

You need to contact all the other freeholders and arrange a meeting as he seems to be acting only in his best interests.

AnnieO1234

I can't quite believe that, I'm flabbergasted that he thinks he can get away with allowing himself but not others.

Get the leases from the land registry, check if there is a clause that all leases must remain the same and go from there. Especially if you can show that he's granted himself the right to rent out.

Crazy world xxx

Bee150

SuzieSue wrote: »

Unbelievable. So it is ok for him to rent his property out but he doesn't want your buyer to have that option.

You need to contact all the other freeholders and arrange a meeting as he seems to be acting only in his best interests.

AnnieO1234 wrote: »

I can't quite believe that, I'm flabbergasted that he thinks he can get away with allowing himself but not others.

Get the leases from the land registry, check if there is a clause that all leases must remain the same and go from there. Especially if you can show that he's granted himself the right to rent out.

Crazy world xxx

Thanks everyone for all the advice. I will contact the other freeholders and get the leases from land registry just to cover all bases. Hopefully I can get this sorted out asap. I've never posted on any forum before and it's really lovely to know that there are people out there who'll take time out to listen and help each other out.
x