Selling my flat of 6 years - my Lease has been incorrect the whole time - am I stuck?

davidmcn

Miss_Samantha wrote: »

If the flat was sold to you like that by the developer (freeholder) then there is no breach because you, the leaseholder, did not install laminate at all.

But there's an obligation on the leaseholder to fully carpet it...

Also just the practical issue of persuading future purchasers etc of what the situation was when the flat was originally built.

neilio

Thanks for those responses, but they've pretty much been addressed above. My questions are: What could be motivating the purchaser solicitor to be behaving this way? If the HA rejects the query of removing the clause and therefore prevents from getting the indemnity, then what are the options?

molerat

neilio wrote: »

Thanks for those responses, but they've pretty much been addressed above. My questions are: What could be motivating the purchaser solicitor to be behaving this way? covering his own backside so nothing can come back and bite him in it later.If the HA rejects the query of removing the clause and therefore prevents from getting the indemnity, then what are the options?you already know the answer to that one - if the other party won't budge you will have to rip it up and carpet

You need to get the buyer on side and instruct their solicitor in what they want done. Solicitors look after themselves, my son has just got £500 from their conveyancing solicitor for messing up, cheaper than an SRA complaint.

deFoix

just tell the solicitor that you're selling the flat with flooring "as is" and if the buyer wants to carpet to comply with the lease then that's up to them.

Also my flat has the same clause and I think it's very sensible and reasonable approach albeit that mine is a old Victorian conversion with little sound insulation.

Your lease isn't 'wrong' you/your solicitor just failed to check it and follow the requirements.