deed of variation

[mamado]

We jointly own the freehold of a house [in 2 flats] with our neighbour. He is intending to move [yippee as he is very offensive] and wants us to sign a deed of variation for the lease of his flat. This deed details previous changes like an extension, but also that the dark and dingy cellar is now a habitable room! Should be just sign to get rid of him asap, or should we be wary?

Thanks

why does he need a deed of variation signed? I would get a solicitor to give it a look tbh at his cost!

Hmm, good point delgirl....to me seems a bit suspicious that he wants this now and "we need to sign and give back asap"

I think that if any changes were made then a deed would have been done before or should have been as it means his lease would be wrong. I'm not a legal bod btw but i'd get it checked out if it was me. Do you know for sure that the cellar is a usable space?

i'm quite prepared for someone to come along and tell me i'm talking rubbish btw

See a solicitor.

Is it long - what does it say? If you give the wording I might have some thoughts as an ex-commercial property solicitor.

This deed is supplemental to a lease, and says 'the tenant has established that since the grant of the lease the flat has been subject to alterations by way of an extension to the rear and the conversion of the cellar to a habitable room. The parties have therefore agreed to vary the lease in order to show the revised demise as follows...'

I just want to know if it is a standard document that has no real relation to us as joint freeholders or if i should be wary of signing a document like this

Thanks

This is not just a rubber stamping exercise, it could change your legal position for the worse and you must get proper legal advice on it before you think about signing it.

Out of the freehold you grant a lease of so many years, that is the demise and a plan will be attached showing the extent of the demise.

I assume that the extension was on land which they had been demised as a garden? If so just a tidying exercise I would assume. If on communal land then you could claim that they had no permission under the lease.

Is the cellar just under his property or is it accessible from outside/ both flats? That again could affect matters.

At the very least as his demise has increased in size that could affect the service charge for maintenance of the building in your favour.

Say that you are not a solicitor and need to get this checked out. As it is not in your interest he should pay for the costs. Should only be a few hundred pounds I would think.

He obviously has been advised by his solicitor that this needs to be tied up before he can sell his property so you have him over a barrell

thanks for that - makes it clearer. will sne dht edocs to my solicitor tomorrow. Nice to know we have the upper hand particularly since he isn't very nice!