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Defective lease - any experience?

(9 Posts)
maybebabybee Fri 05-Feb-16 12:42:34

We are currently buying our first flat - mortgage etc approved so all is now with the solicitors moving towards exchange. Our solicitor updated us today saying she was still waiting for responses to various enquiries, one of which is a defect in the lease needing to be rectified by the freeholders. The defect is that the lease has been extended, but previous to that it was altered to include a few clauses. When the lease was extended, no mention would made of these alterations and so they don't apply. Solicitor says they are having this 'rectified'.

Any thoughts? Is this going to be a major stumbling block? Am 35 weeks pregnant and emotional so I am finding this whole process stressy. Our lease ends on our current flat at the end of April and we can't stay any longer than that so we are up against it time wise.

Spickle Fri 05-Feb-16 13:02:07

Have you got a copy of the Lease and a copy of the Lease Extension? Perhaps scrutinise both to see what the Lease Extension doesn't mention. There are probably various "rules" in the original Lease that were not carried over to the Lease Extension which may mean there are some discrepancies and the solicitor wants the Extension to be rectified to protect you, their client. Hopefully not a stumbling block, more a case of making sure all is in order before you exchange. Unfortunately, freeholders can take some time to respond so there may be a slight delay but probably best to go along with it and let your solicitor deal with the issue.

SnowBallsAreHere Fri 05-Feb-16 13:10:30

The pregnancy, end of your tenancy, & impending might be stressful, but are nothing compared to the stress of owning or trying to sell a flat with a defective lease and obstructive freeholder.

Listen to your solicitor, and if it cannot be fixed, or more importantly the freeholders don't want to assist in getting it fixed, i'd rather pull out and rent again, than risk making a poor purchase in a rush.

maybebabybee Fri 05-Feb-16 13:15:25

No of course, we absolutely will pull out if it comes to it.

What I don't understand though is how the last lot managed to buy it? Their solicitor is the wife's father and he's been insanely diligent about everything, so seems weird he would have missed this when they bought the flat four years ago .

maybebabybee Fri 05-Feb-16 13:16:16

I do have a copy of the lease but my pregnancy brain is making it incomprehensible to me.

aginghippy Fri 05-Feb-16 13:16:47

Not a major stumbling block for me. The flat I live in now had a defective lease. My solicitor made sure the sellers' solicitor rectified it all before we exchanged. That's what you are paying the solicitors for IMO, to sort out the paperwork. Ours took about 4 months from offer to moving in.

Congrats on your pregnancy flowers Brave of you to be planning to move house with a tiny baby.

SnowBallsAreHere Fri 05-Feb-16 13:17:03

People make mistakes.
All the time.
Sometimes they are more important than others.

aginghippy Fri 05-Feb-16 13:19:15

You can't really know what happened with the previous purchase. Maybe the father/solicitor is being diligent this time because he fucked up last time.

maybebabybee Fri 05-Feb-16 13:21:41

Aging I know, everyone is telling us we are mad but baby was a (nice) surprise so not much choice really. We live in London and would rather not carry on renting so was now or never...

Guess we'll just have to wait and see what happens. So hard to know what everything means when you've never done it before.

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