More trouble selling leasehold flat

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    More trouble selling leasehold flat

    There is another problem with this sale. Their solicitor has written

    "Your response is inadequate. Clearly as the Seller resides at the property they will clearly know what works have or have not been carried out in the flat during their ownership which are also dated in the last few years. Whilst we are content to rely on the result of our Local Authority search as to compliance of building control where relevant if the seller is saying these works (save the boiler installation in 2020) have not been carried out at all, then the search result is clearly incorrect and you will need to refer to the Land Charges Department to rectify this directly with them, so that these issues do not arise on our resale. If the 2020 glazing installation has been undertaken, however, the Seller also needs to confirm which window is the subject of that certificate and further, provide evidence of consent from the freeholder under clause 3(c) of the 1962 Lease."

    He is certain that he hasn't had a new boiler in 2020 and has not had new windows.

    Clause 3(c) says “Not to make any structural alterations or structural additions to the Flat … or remove any of the Landlord’s fixtures without the previous consent in writing of the Lessor”. Surely you wouldn't need to get permission from the Lessor to fit a new boiler or put a window in.

    What is the Land Charges Department?

    I have put this in the Conveyancing forum as it is not a long leasehold problem.


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