License to alter but no ammendment to lease or title deeds

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

    License to alter but no ammendment to lease or title deeds

    I am selling my leasehold maisonette with a recently completed loft conversion. I license to carry out works for which I paid the FH. On enquiring of the FH's management company if there would be an alteration to the lease they replied "Thank you for your email and as the Licence is not registered at the Land Registry and the alterations are supplementary to the lease, there will therefore be no amendment to your title deeds and your solicitor should be able to clarify this for you accordingly." I forwarded this response to my conveyancing solicitor who replied " he buyers solicitors will not accept the description within the lease or any of the title deeds.As I have mentioned before I am satisfied with the description however the buyers solicitors will not proceed until it has been amended." Wha if anything can I do about this?

    #2
    Common sense would suggest (and so does the Lease Advisory Service) that where the layout of the demised premises are altered away from the original lease and the description of the demise and the plans, a deed of variation should be done and registered. If just an amended plan.

    Fees for licences can be more about clawing in easy earnings now, not so much concerned about what the lessee faces later when trying to assign. If new freeholder buys, you have to hope there is a 'management file' full of consents to alter, submitted plans etc. Me, I wouldn't rely on this, as when we took over after 30 years there was no management file at all. Freeholder claimed to know nothing about variatons that luckily were registered on the LR.

    I guess if you insist and anyway pay for the DoV, the freeholder should have no worries I can see. Why is the managing agent involved, they don't do variations and in my experience some can spout nonsense about law they never read and don't understand?
    Do not read my offerings, based purely on my research or experience as a lessee, as legal advice. If you need legal advice please see a solicitor.

    Comment


      #3
      Thank you, this is very helpful. The managing agent has been my point of contact for the license to carry out works and so when my conveyancer raised the buyer's concerns, I referred the question to them.
      I have a document entitled License to Carry out Works,signed by the FH wherein it states " This document has been executed as a deed and is delivered and takes effect on the date stated at the beginning of it." This document contains with copies of plans, council permission, building control sign off etc. Do I still need a seperate deed of variation?

      Comment


        #4
        Suggest you read...

        https://www.gov.uk/government/public...ution-of-deeds

        It's one thing to write the words, "This document has been executed as a deed" blah blah but from your point of view you want the thing registered for posterity, innit. I could say I've executed this post as a 'deed' but that wouldn't make it one.

        It might just mean you need to pay a legal beagle to do this? Read the above Practice Guide and absorb. It's what I'd do anyway.

        I'd be daring and ring the land registry for advice. I've found them very helpful to mere mortals in the past. If they say the document doesn't need registering you are good to go.
        Do not read my offerings, based purely on my research or experience as a lessee, as legal advice. If you need legal advice please see a solicitor.

        Comment


          #5
          Thank you very much indeed. I will now read the guidance and give the land registry call.

          Comment


            #6
            Assuming no additional space was taken...

            The buyer's solicitor is talking twaddle and should be pointed at in the street. And here's a turn up for the books - the agent is correct - apart from saying "registered" when he should have said "registrable".

            The lease does not need to be varied because the space has not changed. Registration is only concerned with boundaries, not with the internal layout of the premises.

            Comment

            Latest Activity

            Collapse

            • Reply to Solicitor & valuer advice
              by Tipper
              Are you the first leaseholder? Or did you buy the lease from a previous owner?
              28-03-2020, 10:58 AM
            • Solicitor & valuer advice
              by C@johnD
              Hi all,

              I'm new to the site, so I hope I'm posting to the appropriate forum.

              I am looking to extend my lease. I live in London SW14 (Mortlake/Barnes). I have 89 years left on the leasehold, and I've had the lease for 15 years. I'm recently married and ultimately want to put...
              27-03-2020, 19:07 PM
            • Reply to Solicitor & valuer advice
              by TruthLedger
              Best value is, probably, going to be if you do a look up on google since you'll get access to multiple sources with reviews. Then, there is whether you want to do it online versus physically going into a building. Personally, I prefer the online route because it's cheaper, more convenient and less hassle...
              28-03-2020, 10:45 AM
            • Reply to Solicitor & valuer advice
              by C@johnD
              Ok thanks! Apologies if I've been inappropriate, I just don't know where to turn for referrals as I don't know anyone who has ever been in my position.

              As for local firms versus non-local, is the only real advantage proximity to show ID, etc? Cost of travel versus high fees may make it...
              28-03-2020, 08:42 AM
            • Coronavirus - Tenant demanding Deep clean of common areas & hand sanitiser installed
              by LeeMac
              Hi I wonder if anyone can provide any advice?

              My tenant is demanding that l and/or the Freeholders deepclean the common areas of the building and install a hand sanitiser by the communal front door.

              I have a share of the freehold and one of the flats in the converted building...
              20-03-2020, 23:32 PM
            • Reply to Coronavirus - Tenant demanding Deep clean of common areas & hand sanitiser installed
              by nukecad
              I never said that your link did contain that wording, because clearly it doesn't.

              But neither does it contain the wording that it is 'no longer a highly infectious disease', which is what you were trying to have people believe by making just that assertion and then posting the link supposedly...
              27-03-2020, 23:11 PM
            • Reply to Solicitor & valuer advice
              by Section20z
              Hi John, I think it's frowned upon to name companies on this forum so post may get removed but I use Margaret Ilori of Capulet Solicitors, not far from you who gives a good personal service and is familiar with leasehold law.
              Advantage of a local firm is you may need to attend and show your ...
              27-03-2020, 22:31 PM
            • Rent Act restricting ground rent
              by Section20z
              One of my ground rent leases has a mechanism for the rent to rise on any assignment "......provided that such rent shall never exceed the amount which would bring this lease within the provisions of the Rent Act 1968 or any Act amending or re-enacting the same"
              The rent should be £650pa...
              27-03-2020, 09:44 AM
            • Reply to Rent Act restricting ground rent
              by Section20z
              My apologies for not being clearer, the lease doesn't allow the freeholder to pick a ground rent at random, it simply rises commensurate with sale price which is quite a common mechanism and in this case gives rise to a new ground rent of £650.
              The only query I have is in respect of the caveat...
              27-03-2020, 21:57 PM
            • Reply to Coronavirus - Tenant demanding Deep clean of common areas & hand sanitiser installed
              by Macromia
              You'll no doubt also be aware that what a lease (or other contract) doesn't say can be just as important.

              What is it that you think you have to gain from refusing to accept that this virus is extremely contagious?

              You really don't have an argument here, you're just making yourself...
              27-03-2020, 18:38 PM
            Working...
            X