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Problem with incorrect deeds
starf15h
Posts: 1 Newbie
hi there.. just looking for some advice..
Currently in the third year of a business lease and in the process of purchasing the freehold, when we hit a big problem of incorrect deeds! Basically parts of the original building and land have been sold off over the years and the last bit sold was a barn for conversion and the plans with the land registry show that part of the main building is included in deeds for what was sold. This only came to light for us in September 2017 at completion stage... the vendor has known about this for 7 years and done nothing to rectify it!!! Within the business lease is a signed document where he has stated and signed that it is the correct deeds, when its very clear now that he knew they were incorrect.
Our problem is that as we are unable to complete because of this issue, we are still having to pay rent during this time when this should be payments off the mortgage.
Surely if the landlord has known about this issue for the last 7 years he has to take some responsibility for this massive hold-up and cost to us?
Any advice or if your need further information please let me know, as I am at the end of my tether with it now....
Thank you in advance.
Currently in the third year of a business lease and in the process of purchasing the freehold, when we hit a big problem of incorrect deeds! Basically parts of the original building and land have been sold off over the years and the last bit sold was a barn for conversion and the plans with the land registry show that part of the main building is included in deeds for what was sold. This only came to light for us in September 2017 at completion stage... the vendor has known about this for 7 years and done nothing to rectify it!!! Within the business lease is a signed document where he has stated and signed that it is the correct deeds, when its very clear now that he knew they were incorrect.
Our problem is that as we are unable to complete because of this issue, we are still having to pay rent during this time when this should be payments off the mortgage.
Surely if the landlord has known about this issue for the last 7 years he has to take some responsibility for this massive hold-up and cost to us?
Any advice or if your need further information please let me know, as I am at the end of my tether with it now....
Thank you in advance.
0
Comments
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Not sure what the "signed document" is, but generally with commercial leases the tenant should check that the "landlord" really owns the property - didn't you (or your solicitor) do that at the time?
As for your current problems, unless you've exchanged contracts then the landlord doesn't owe you anything for the delay. Don't you have a solicitor acting for you?0 -
You keep saying you can't complete. Have you exchanged?
If so, why did your solicitor allow you to, when this was not sorted?0 -
As davidmcn says, why was this not noticed when you were investigating the landlords title before taking the lease?
If the transfer deed for the conversion was wrong then the Landlord would also need to owner of that to agree to the amendment, which may be further complicated if there are charges (mortgages etc) on the properties.0 -
Just to add, either the 'seller' owns the freehold, in which case you/your solicitor need to verify that before exchanging, and during that time cannot expect any 'compensation'.
Or he does not wn th freehold (someoene else does) in which case why would you continue to pay him rent?0
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