Quick question: who can amend new lease

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    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

          Latest Activity

          Collapse

          • Reply to Ex Council Garage Land
            by Lawcruncher
            In the case of housing I think it is safe to assume they did own it.



            Whenever local government gets reorganised a lot of land moves between councils by Act of Parliament and without the need for a written document. A change of ownership of unregistered land by statute does...
            27-06-2022, 09:40 AM
          • Ex Council Garage Land
            by Ian Palmer
            Ex Council Garage Land

            Two years ago during lockdown I walked my local area and noticed a piece of land that looked like it had been abandoned. The land was open for anyone to walk into and as I got to the end of the driveway there were two run down sheds/Garages from the 60’s, Asbestos...
            29-01-2022, 11:14 AM
          • Reply to Ex Council Garage Land
            by Another Fine Mess
            And with Councils what they want for land that they own can change as policies alter.
            27-06-2022, 05:08 AM
          • Reply to Ex Council Garage Land
            by Another Fine Mess
            Just because the Council gave the land to the housing association doesn't mean that they owned it in the first place.
            I have rented some land for over 40 years, I checked with the Land Registry recently and another authority are showing some of the land as belonging to them. Which explains why...
            26-06-2022, 15:18 PM
          • Reply to Ex Council Garage Land
            by Ian Palmer
            Hi Lawcruncher, thanks for your comments much appreciated. Well my intentions are to start growing trachycarpus fortunei or (windmill palms) over the next year, the seedlings are already in and sprouting.
            It has taken so long to tidy up the land there is only myself and an occasional help from...
            24-06-2022, 13:04 PM
          • Reply to Ex Council Garage Land
            by Lawcruncher
            If you are in or thinking of going into adverse possession of land it is always a mistake to ask questions about ownership or contact the owner or anyone you think may be the owner. The only thing you should do is to check if the land is registered.

            Here the land is unregistered. So long...
            24-06-2022, 09:59 AM
          • Reply to Ex Council Garage Land
            by Ian Palmer
            Hi Sydaton yes this is certainly something I have considered. I was thinking that the land could be valued as it would have been in 2003 because that’s the last time they in theory had it. I don’t have unlimited funds and money is a little tight to say the least. But I would bet they will be greedy...
            24-06-2022, 09:50 AM
          • Reply to Ex Council Garage Land
            by Sydaton
            As is alluded to above, you may want to think about how you would pay for the land if you end up in a compromise with the HA where you can buy the land at a discount rather than have to go to court to get you off the land.
            24-06-2022, 07:40 AM
          • Reply to Ex Council Garage Land
            by Ian Palmer
            Pilman as always so learned. Thank you so much for your comments. There is an old chap that lives next door to the land and prior to me taking it over we had some dialogue and it went a little like this.
            We first met on the land while he was pulling weeds and trimming trees, to try and help save...
            24-06-2022, 06:41 AM
          • Reply to Ex Council Garage Land
            by pilman
            The wording used in Section 6 (5) of the Land Registration Act 2002 could apply if the Housing Association now apply to be registered as legal owner by providing the original transfer deed that specifically identified this particular plot of land in the transfer, which would have been responsible for...
            23-06-2022, 13:45 PM
          Working...
          X