Deed of Variation for Lease

Labentley

Thanks for replying, the whole point of getting a solicitor to act for me is because they deal with these sorts of issues and they know what to look out for... had I known then I could have saved myself a packet and do the work myself!!
None the less, I have since spoken with the council and have been told it will be a small fee for the DOV. (watch this space as their description of 'small' may be a small fortune to me!!) I may just have to cut my losses and move on if the cost is reasonable. Cant bear to prolong this any further.

Re: the new plans showing the garden: Will I be liable for registering with Land registry??? since Im selling on.. I presume the buyer would have to do this anyway.

Richard_Webster

Thanks for replying, the whole point of getting a solicitor to act for me is because they deal with these sorts of issues and they know what to look out for.

And are they supposed to be mind readers then? How are they meant to know that the garden was to be included with the flat?

G_M

Labentley wrote: »

Thanks for replying, the whole point of getting a solicitor to act for me is because they deal with these sorts of issues and they know what to look out for... .

OK - I want an extension built on my house so I employ an architect. "Build me an extension" I say.
He designs one (after all, he's the expert), instructs a building firm, and 3 months later my extension is complete.
"Hey!" I complain: " I wanted a two story extension! The kitchen is great but where's the bedroom above?"
"Well" replies the architect, "I showed you the design and you signed it off, so that's what the builder constructed."
"Yes" I reply, " But I didn't actually look at the design. After all, that's your department. You're the expert."

Labentley

They should have known the garden was included because I have the sole access to it!!!. Well the council have charged £150 for their legal fees to do a deed of Rectification to be paid on or before completion. I paid it immediately and I hope its all sorted within the next week. Thanks for ur contribution.

minx24

Hi there,

I am having a very very similar nightmare with the sale of my flat. After 4 months of dithering around my second buyers solicitor decided that my lease was wrong as it did not include exclusive rights to use the balcony attached only to my property! Unbelievable, it has never been a concern to me as other people don't generally attempt to access my first floor balcony, and it was never flagged up when I bought the place or with the first buyer's solicitor (they pulled out for financial reasons). I have today been informed by the estate agent that there will be a charge for the deed of variation but he does not know how much! I am disgusted, surely it can't be right that I have to pay this? I didn't write the lease. I know I may very well have to put up and shut up if I want the place sold but would it be unreasonable to request the buyer pays half as it is something his side have requested?

Many thanks for any opinions or help.

Jen x

clutton_2

if there is no access from any other property to your balcony - i would take a photo into you solicitors office and ask how s/he thinks someone else can actually get onto it let alone use it.....

sometimes a piccie is the only safe way to describe a situation

minx24

Thank you, what a good idea. I think I will ask the estate agent to forward the buyers solicitor the pictures that he took of the exterior of the building that clearly show it is self contained.

Just out of interest, should that not remedy the problem (I suspect it has gone a little past that point now) How long does it take to obtain a deed of variation and what is the rough cost? The leaseholder is the local council if that helps?

Many thanks to all again

Jen x

Labentley

Hi Minx24
I went to the council Town hall and luckily spoke with the man who draws the plans; Mine took about 9days (lucky as it could have been a lot longer) to get the deed of rectification at a cost of £150. Its all legal jargon and unfortunately you are unable to do it yourself, your solicitors would have to write to the councils legal team, I suggest you ask for the person who deals with the plans/deeds(always helpful if you have a name/s their phone number, fax number and email address) and have your solicitors FAX them a deed of rectification/variation request, stating what needs rectifying. Get the council to email the new plans & title as its a lot quicker. You have to call the council every other day to chase it up; this way they take your request as urgent and would be relieved to never receive another call from you! Hope this helps. If it is any consolation, I really do know what you're going through, nightmare dosen't best describe it. Good luck

Labentley

Just a quick update on my issue: I have received the new deed and plans, signed it and returned to my solicitors, they've sent a copy to the buyers solicitors and then was told my mortgage lenders would also have to get involved, which will most certainly take forever to rectify!! However my solicitor has come up with a clever plan to avert the lenders involvement, she spoke with the council and managed to convince them to rewrite the deed in the buyers name since she also has to do the same when the sale is completed. Ingenious or what!! All done now, new deed has been posted to my buyers solicitors and hopefully we'll set a simultaneous exchange/completion date.:j

minx24

Hi there,
Thanks for your reply. It instills some hope in me that you have got somewhere with yours :j

I'm just so annoyed at the moment as the council have already been asked twice about this deed of variation and all they have come back with so far is that they don't think is necessary.
The woman from the council already hates me as I pester her constantly....my solicitor asked me to start contacting her as they weren't having any luck! Not sure what I pay the solicitor for sometimes.
Anyways the lady I've been dealing with from the council is not back until Monday (supposedly) so I will call her first thing in the morning. I have already sent her 2 emails she will come back to, but like you said if it gets things done then needs must

Good luck with the rest of your sale, hope it goes smoothly.

Jen x