Notice to Lessor ?

65thSq

After a relatively friendly divorce, my ex-wife purchased a leasehold property. This was purchased using her share of the divorce settlement, plus I paid for 32% of her property and have a legal charge stating that. She has now been told by the Management Company of her property, that the original lease, now nearly 3 years old, was worded incorrectly and so these leases have been adjusted with something called an associated Deed of Variations. Apparently I have to provide a copy of the 'Notice to Lessor' which would have been raised when our financial agreement was finalised.

I would be very grateful if someone, would kindly, explain this to me in layman’s terms

Many thanks

eddddy

It sounds like there may be 2 separate issues here...

1. Notice of Charge

• If there is a charge on a leasehold property - most leases say that the leaseholder must give the freeholder/lessor a 'Notice of Charge'.
• If the lease says that a notice is required, your ex-wife is breaching the lease by not providing one (which could eventually become serious).
• The freeholder/lessor (or Management Company) will probably charge a fee for dealing with the 'Notice of Charge'
• (If the charge was prepared by a solicitor, it's a bit shoddy that they didn't warn you about this.)

2.Deed of Variation
It seems that the freeholder/lessor wants to change the lease for some reason. You're ex-wife should be very cautious about that.

They are suggesting that there is something wrong with the lease that needs correcting - but check that the freeholder/lessor isn't tricking you into agreeing to a change that's better for the freeholder/lessor, but worse for your ex-wife.

Presumably your ex-wife's solicitor didn't find a problem with the lease when she bought the flat - but there could still be legitimate problems, which the solicitor wouldn't find

Essentially, your ex-wife needs to find out what the proposed changes are, and why they are being made. If the changes are complex, maybe she should ask a solicitor.  If she has a mortgage, the mortgage lender would also need to agree to the changes.