Quick question: who can amend new lease

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    Quick question: who can amend new lease

    We are trying to buy a leasehold flat for which a new lease will be granted by the seller (freeholder) upon completion.
    The conveyancers are arguing about who should amend the lease and we're not making any progress.

    Our solicitor (buyer's) says it's not within their remit to amend the lease, only provide details of what needs changing.
    The other solicitor is refusing to make any changes themselves as instructed by ours.

    WTF is this?!

    #2
    Depends on what you what amending, the simplest way is via a Deed of Variation between the freeholder and the leaseholder, and both have to agree on the changes. Is it actually a new lease or an existing lease, where the name is different? That is 2 different situations.

    If for example you wanted to make changes to the service charge, then all leaseholders need to be in agreement.

    Comment


      #3
      Ah, sorry I meant the (new) lease has been drafted by the seller's solicitor but our conveyancer is not happy with some parts so she's asked them to amend the lease as instructed by our side. But they are refusing to, asking our (buyer) solicitor to amend the lease for them?
      And our solicitor is saying that's not her job cuz they drafted the lease.. it's very frustrating

      Comment


        #4
        If a proposed tenant's solicitor considers a draft lease needs amending he should submit the amendments. That is absolutely standard practice. The same goes for any draft document submitted for approval.

        Comment


          #5
          Originally posted by Lawcruncher View Post
          If a proposed tenant's solicitor considers a draft lease needs amending he should submit the amendments. That is absolutely standard practice. The same goes for any draft document submitted for approval.
          I'm rather shocked by this, especially after what we've been told. We always thought this was down to the fact we are using a large firm which most likely has different conveyancers for property purchases vs sales. Or because some important clauses might be missing (the lease draft wasn't the best at first).

          Comment

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