AIBU to not want to pay this fee?

[Littlechinagirl]

I am currently selling my 60% part buy part rent ownership share of my flat.
My buyer came over last week (she said that the delay in us completing/exchanging so far according to her solicitor was that the name on the lease had changed. I wasn't aware of this). I asked my solicitor for an update and her reply read: "Theres been no mention of dates yet as there is an enquiry outstanding with your landlords solicitors that the buyers solicitor raised. In short the lease of the flat refers to a Headlease, which has now been closed so they have asked if the landlord will enter into a Deed of Variation to remove any references of the Headlease from your lease. Your landlords solicitor confirmed last week they would seek their clients instructions and revert to me, so I await to hear. As soon as I do I’ll let you know the outcome."

I got an email yesterday that now says this: "I have had a reply now from the landlords solicitor regarding the Deed of Variation request. They have confirmed they will agree to it subject to payment of their fee of £350 + VAT and any disbursements.

I have sent this on to your buyers solicitor and asked if their client will agree to this cost (or at least a contribution towards it). If the buyer doesn’t agree to the cost, or only agrees a contribution, will you agree to the same?"

Am I being unreasonable in thinking that this is a fee that should not have anything to do with me? I'm selling.... It just feels a bit cheeky?

it seems your paperwork is not in order so you need to pay it

if you throw your toys out of the pram over £400 for a sale, be prepared to do it every sale you get as this will continue to be a problem every time

Yeah sorry but it’s yours to pay, LL’s always put in leases that fees will be covered by tenants, and the seller wants the lease corrected before buying which is also fair.

I definitely don't want to throw my toys out the pram over the £400 however, I wasn't aware of these changes - there has been no corresponding documentation to support this.

The housing association landlord didn't make us aware of these changes. It now seems like as I am moving, they've realised an error and throwing a fee at me?

I think you should be prepared to at least pay part of this, but the best person to discuss it with is your solicitor.

firstly, that is an exorbitant amount for something so simple.

secondly, would you have needed to change this lease if you were not selling the flat?

Does the lease need to be changed at all to be binding?

I'd be inclined to think this is a cost of purchase, not a cost of sales.

But I am no expert at all

@MyKingdomForBrie that does seem fair as you've put it, but just annoying...

@hibbledibble I do feel that I will end up paying a little, but surely not the lot!?

@Hissy Same. Not an expert but seems to be a buying issue rather than a selling one. If I wasn't moving I wouldn't be being charged this!?

I'm just waiting for a call back from the solicitors to check this. Just seems very unfair, not just to me but to my buyer too.

Very annoying!! I found selling a house felt very unfair at times and bloody annoying all the time, and I’m a lawyer!

If you weren’t selling you wouldn’t bother correcting the lease but if you were buying you wouldn’t want to pay all that money for an incorrect lease.

The head LL passes the cost down the chain because they can, they write it in the lease and the leaseholders sign it and bang, you’re tied in.

You are selling a property with inadequate paperwork. If you don't want to incur the fee don't sell.

You wouldn't incur solicitors costs either of you chose to stay put - doesn't mean you shouldn't pay them

It's clearly a seller's issue. You want to sell, the buyer won't buy without this being sorted out. If you say no, you will only have the same issue arise with the next buyer, and the one after that, and the one after that.

If you didn't know it was a potential problem, you need to check whether the solicitors acting for you on the purchase should have alerted you to it.

If I wasn't moving I wouldn't be being charged this

No, but that is true of a whole pile of costs you run up when you sell a property (estate agent's fees, legal fees, etc.). That doesn't mean someone else should pay.

As TheAntiBoop says, you are selling a property where the paperwork is not in order - the lease refers to a non-existent Headlease. Any buyer will want that fixed. They may be willing to contribute to the cost but you cannot force them to do so. If I were the buyer I would regard this as your issue. If you want to sell me your property you need to make sure the paperwork is in order. This is absolutely not a cost of buying. If the buyer agrees to make a contribution that is a bonus. This is clearly your cost. Sorry.

I think it is reasonable that anyone buying would expect the paperwork to be in order. In your situation, no as a buyer I would not expect to pay.

I had to pay around 350 plus VAT for indemnity insurance to cover my buyer in case of future problems due to a non-standard lease. I happily paid it, having had a previous buyer pull out after 7 months due to solicitors arguing over the lease. Best to get everything shipshape to avoid delays and sales falling through etc. When I bought my flat it wasn't flagged as an issue, either because my solicitor did her homework and knew it was fine, or glossed over it. Not sure which!

Thank you all for your comments. I think it's clear that it's probably something I need to get in order as irritating as it is.

Thanks!