Survey required before deed of variation?

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    Survey required before deed of variation?

    Would a survey be required before a deed of variation be put into place on a Lease?

    Lease was signed and dated December 1993 - floor plan is exactly now as is shown.

    Works, or "defects" advised are:

    Removal of chimney breast
    Addition to rear
    Removal of internal position

    (Above carried out prior to lease being signed and when house was turned into 2 self contained flats circa 1992 / 1993 or previously to confirm, the floor plan has not changed since then).

    Other "defects" are:

    replacement of windows (like for like) - I carried out x 2 with freeholder consent
    Replacement boiler including flue - carried out by previous owner in 2006 - retrospective consent given by freeholder

    I bought the leasehold property in 2007

    Deed of variation sought as paragraph in lease deemed onerous by buyers solicitor - it is a prohibition on works to property but is missing "not to be carried out without freeholder's consent which cannot be withheld unreasonably".

    Buyer's solicitor advises free holder consent cannot possibly be given for any works due to lease wording.

    I have been contacted by surveyor who had been advised I had carried out the works, I corrected him and advised the above. He is now confused as to why his services are required and I am awaiting further information. I apparently have to pay the surveyors fees which are £660

    In the meantime, this is delaying the sale and my purchase and am at risk of not only losing my buyers, but also losing my "new home".

    Any advice greatly appreciated.

    #2
    Well a buyer ought to ensure that whoever did the works did so properly with the building regulations consents as you are now primarily liable for any defects.

    What if say the chimney breast supports the breasts and chimney above and is not fully supported or fire stopped?

    A prudent freeholder would not sign a DoV without their surveyors inspecting and opening up, nor would a prudent buyer proceed.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

    Comment


      #3
      Many thanks Leaseholdanswers - I have asked 3 individual solicitors and a surveyor who could not give me the answer you have, you have satisfied my need to understand!

      Should not the solicitors who acted for me when I purchased have picked this up also?

      Comment


        #4
        Looks like it was freeholder's mistake to send in a surveyor to look at work that the freeholder had himself done or authorised wasn't it?

        Seems to me that the man who instructs a surveyor in error should be the one who pays him, shouldn't it?
        To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

        Comment


          #5
          Originally posted by KMB5 View Post
          Many thanks Leaseholdanswers - I have asked 3 individual solicitors and a surveyor who could not give me the answer you have, you have satisfied my need to understand!

          Should not the solicitors who acted for me when I purchased have picked this up also?
          Yes they should, but may have asked and an answer given, perhaps that they were unaware or the landlord being aware and demanded and accepted ground rent or service charge and waived their opportunity to remedy the breach through forfeiture.

          I am afraid, as I have argued elsewhere, that this is the price of sausage machine conveyancing and sausage machine valuations and surveys, they fail to help the clueless purchaser through the maze that non- standard sausage machine new build flats can present. And I quite like sausages!

          The surveyor ought really to have known but there you go, the degree factories don't prepare them for this day to day stuff.
          Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

          Comment


            #6
            Thank you leaseholdanswers.

            I personally am going off sausages rapidly.

            Survey carried out today and it appears they are happy with everything but do advise that part of the storage area I have, although it shows both doors to said storage, not all is showing as outlined red in the Lease....... Cans and worms spring to mind and it appears we may have to get the floorplan redrawn on top of everything else.

            I have sent a Formal Complaint letter to the solicitors who acted on my behalf when I was purchasing, the Legal Ombudsman has been advised and has a reference number for the issue and I can only hope their insurance coughs up to cover my ever increasing costs.

            I despair, really I do.

            We innocently trust where we obviously shouldn't.

            Comment

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