Deed of rectification of lease- How how long to get this registered at Land Registry?

icebergx

Hi all,
I'm purchasing a flat and, for some reason, the title plan doesn't have the rear garden included (it can only be accessed by the flat I intend to buy.
Fortunately, the freeholder and leaseholder have agreed to amend the lease accordingly, before I buy the property. It's a condition from my lender that the lease is amended before completion.
How quickly can this be done? Can I pay an additional fee to get this done more quickly?
I'd like to complete as soon as possible.

Also, I'm planning to undertake some work to remodel the property. Can these changes by included within the deed of rectification, so that I don't have to amend the lease again, if/when I eventually sell the property (or before).

Thanks

hazyjo

The house I bought before last needed one. Took an extra couple of months faffing around as they thought they could sort it out with an indemnity policy first - they couldn't. Took 5 months from offer to completion in total.


It's down to the sellers to sort. I think ours were quoted around £1,000 - may have been more. I don't think there was a way of getting it done quicker.




Check your mortgage offer isn't likely to expire.


I'm 99% sure they won't be able to include changes that haven't yet been made - and you'll need permission for them. What sort of changes?


Jx

icebergx

Wow!!! Really? That long and that much?
I just assumed a variation to the lease (as the is a flat, not a freehold house.)
Can anyone else shed any light on this?

Thanks.

hazyjo

This might help: https://forums.moneysavingexpert.com/discussion/4765060


There are other mentions here if you just search the forum for 'deed of rectification'. Some threads will be relevant, others won't. http://forums.moneysavingexpert.com/search.php?searchid=168572975


Jx

Land_Registry

Such rectifications are often done by way of a deed which varies the original lease by essentially sticking to the original clauses/terms but varying the extent being leased (the demise)

IN effect it acts as a surrender of the existing lease and a re-grant under the new deed. Average registration timescale is currently 55/60 working days providing everything is in order.

If there is a linked transaction, such as an onward sale as you have here the solicitor should provide details to confirm the sale and ask us to expedite the process. There is no additional fee for this.

As far as remodelling is concerned much depends on what that involves. If internal changes and all within the demise then that is unlikely to require a variation of the lease - however something to discuss with your solicitor and/or freeholder as appropriate to clarify

icebergx

Land_Registry_representative wrote: »

Such rectifications are often done by way of a deed which varies the original lease by essentially sticking to the original clauses/terms but varying the extent being leased (the demise)

IN effect it acts as a surrender of the existing lease and a re-grant under the new deed. Average registration timescale is currently 55/60 working days providing everything is in order.

If there is a linked transaction, such as an onward sale as you have here the solicitor should provide details to confirm the sale and ask us to expedite the process. There is no additional fee for this.

As far as remodelling is concerned much depends on what that involves. If internal changes and all within the demise then that is unlikely to require a variation of the lease - however something to discuss with your solicitor and/or freeholder as appropriate to clarify

Thanks for your reply, Land Registry...
Since I've posted, the plot has thickened somewhat. The Freeholder is now asking for £10k to vary the lease, which I feel ix extortionate. They say that the internal works that I am proposing will also be included in this fee but that doesn't make it any easier to swallow.
The internal works will simply result in the moving of the bathroom from one location to another. The total square footage of the property won't be altered at all. Is that what you mean by "all within the demise?"

How quickly can the registration be done if there is a dependent sale? Would 5 working days be possible? Sorry to press you on this, but I'm in a contract race on this one and this is the last thing that's pending before I can exchange contracts.

Thanks so much for your help, again.

hazyjo

I doubt you'll need a DoR if you change the layout. It's to correct things that are missing with regard to the lease or deeds (as far as I am aware), not to show changes made to the property.


Jx

davidmcn

hazyjo wrote: »

I doubt you'll need a DoR if you change the layout. It's to correct things that are missing with regard to the lease or deeds (as far as I am aware), not to show changes made to the property.

But they will need one to add the garden ground. I presume the reference to internal works is because consent is needed.

Land_Registry

Correct - the terms of the lease will make it clear what you can and do internally and/or without the freeholder's consent.

Including the additional/missed garden ground is a variation of the demise and technically this should be done with a new lease. However it is common practice to do this by way of a deed of variation as all the original leases clauses stay in place and just the one, the demise, is varied. Keeps it simple.

There will always be a 'cost' especially if the garden ground is 'extra' and in essence adds value.

5 days is possible but a massive ask in light of current workloads. Expedition can accelerate the process and perhaps 2/3 weeks seems more realistic.
However everything else needs to fall into place re the variation still it seesm so something to discuss with your solicitor around impact on contract race

hazyjo

davidmcn wrote: »

But they will need one to add the garden ground. I presume the reference to internal works is because consent is needed.

That's what I meant I know the DoR is needed for that.


Jx

icebergx

Land_Registry_representative wrote: »

Correct - the terms of the lease will make it clear what you can and do internally and/or without the freeholder's consent.

Including the additional/missed garden ground is a variation of the demise and technically this should be done with a new lease. However it is common practice to do this by way of a deed of variation as all the original leases clauses stay in place and just the one, the demise, is varied. Keeps it simple.

There will always be a 'cost' especially if the garden ground is 'extra' and in essence adds value.

5 days is possible but a massive ask in light of current workloads. Expedition can accelerate the process and perhaps 2/3 weeks seems more realistic.
However everything else needs to fall into place re the variation still it seesm so something to discuss with your solicitor around impact on contract race

Thanks for all your help. I really appreciate it.
One last thing, can a lease extension also be dealt with, within the same Deed of Rectification, or is that an entirely separate matter?
Thanks