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Selling my flat of 6 years - my Lease has been incorrect the whole time - am I stuck?
Comments
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Because the other changes relate to the previous shared ownership, whereas this is a condition intended to apply to all the flats regardless of their tenure. The freeholder is entitled to refuse a request to vary the lease - and if the answer is no, that means that indemnity insurance won't be an option either.But why not just get your solicitors to remove that condition along with the other changes to your title?0 -
So, on the one hand, I should be able to get an indemnity policy quite easily. On the other hand, I won't be able to get an indemnity policy at all. Now I'm really confused.
I've responded to my solicitor to say that laminate has been for the whole life of the property. I'll see what they come back with.0 -
Is it normal for a Lease to outright say that the type of flooring provided is not allowed, meaning I was in breach of my Lease the moment I moved in?
Yes that is indeed a standard clause in leasehold flats.
You can get an indemnity policy as long as the freeholder is not already aware that you have breached the lease. (You can't insure against something that has already happened - i.e. the breach being discovered)
However, obviously if the freeholder is who built it in the first place and owns the lease then they clearly have no intention of enforcing this clause and therefore there is no need for you or your buyer to think any more about it.
This does come up regularly on this forum - lease states no laminate but I have laminate ... You could always ask your buyer which they would prefer - an indemnity policy or you remove the laminate and place with (cheapo) carpet before exchange of contracts.0 -
It won't necessarily be obvious to the buyer or future owners that the laminate had been installed by the freeholders (unless the OP maybe has some evidence of that from their purchase?).However, obviously if the freeholder is who built it in the first place and owns the lease then they clearly have no intention of enforcing this clause and therefore there is no need for you or your buyer to think any more about it.0 -
It won't necessarily be obvious to the buyer or future owners that the laminate had been installed by the freeholders (unless the OP maybe has some evidence of that from their purchase?).
The only evidence I have are photographs I took of the empty flat when I viewed it before purchasing it, which are electronic and date-stamped. I did go through all of my paperwork last night from the original purchase and nothing stipulates in writing what flooring was put down.
I agree, the buyer and future owners have no way of knowing. But it was obvious to me when I bought, as I viewed several flats that were all the same and had laminate flooring, and I've seen inside my neighbours' flats, who also have laminate. Laminate, laminate, laminate, everywhere!
If I haven't been clear already, I'll say it again: it was built with laminate. Which is why it seems crazy that I may now have to go and find some non-existent evidence that it was built with laminate in the first place!
And I cannot fathom that it is a standard clause in Leasehold flats. That means there are possibly thousands of new build flats and apartments all over the country (what ISN'T built with wood or laminate floors these days?) containing such a clause. It's nonsense.0 -
We had something similar when we sold our flat. Lease said all floors must be carpeted except kitchen and bathroom. In our case, they actually *are*, except that the kitchen and living room are one open plan room.
Buyer's solicitors could not get their heads round this and essentially demanded we carpet half a room to ensure compliance with the lease.
In the end, we just told them the buyer was aware of the layout of the flat and we were unwilling to enter into any further correspondence on the matter. We also, via the EA, told the buyer what the hold-up was.
They bought the flat with no further problems.
I seriously doubt your buyers would let this hold up their purchase of the property - like ours, they may not even be aware their solicitor is making a big deal of it. In the end, the solicitor can only advise their client - the buyer will be the one that makes the decision.0 -
nicmyles that is exactly what I suspect is going on. They viewed the flat and saw it had wooden floors. I would be extremely surprised if they were demanding that carpet and lino be put down, because if it came to that then I'd go for the cheapest option obviously. The only thing I did wonder is, maybe they saw the lease and are wondering why the discrepancy, but I highly doubt they've scrutinised the lease themselves.
I'll wait and see what the response back via the solicitors is and then take it from there, and get the EA involved to explain if required.0 -
So, as expected, the purchaser solicitor is not happy about the wooden floor clause, and has asked that a Deed of Variation be raised to remove the clause. I’ve already paid the housing association’s solicitor for a Deed of Variation to remove pre-emption clauses as the property is formerly shared ownership, so I’d be unhappy doing it again. My solicitor says they have already informed the purchaser solicitor that the housing association will likely want to retain the clause because of noise complaints and that there would be implications for ALL leases in the building etc so they are waiting for a response back.
I’ve since told my solicitor that I will refuse to pay another sum of money for the housing association’s solicitor to ask a question that will likely be a no, ergo wasting my money. So, I have pre-empted the whole thing and told them I expect an indemnity policy will be required and that I expect that they all know this will be the likely conclusion too, so to hurry up and arrive at that conclusion to stop wasting time, whilst also expressing that I’m not naïve enough to think the purchaser solicitor will simply take our word for it that the flat was built like that and accept the Lease as it is. Was telling them I want them to get an indemnity policy (fully expecting that I will have to pay for it) the right thing for me to do? I just want this closed out so I can exchange contracts.0 -
Did you talk to neighbours in the other 'high spec' flats who did not purchase as shared ownership ? What does their lease say ?0
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I don't know many of the other residents. My neighbour next-door works overseas and is never there. The only other person I know recently sold his flat; I did ask him about this but he never had any questions asked about his flooring. I asked if he could send me his Lease to see if it's the same but he never came back to me.0
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