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Deed or variation on lease

9 replies

turndownthelights · 21/10/2022 13:36

I am currently selling my leasehold house and we are approximately 2 weeks away from exchange.
My buyer has been in touch with me today - her solicitor has advised her that the lease does not contain a clause that she may want to have put in (the freeholders have agreed to this being added). There is a cost to both her and me but I'm happy to pay if it means she doesn't pull out.
What concerns me is how long this deed of variation can take - does anyone know? I'm guessing it won't be sorted in time to exchange in 2 weeks!

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turndownthelights · 21/10/2022 13:36

Sorry - I meant to say deed OF variation!

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MillennialFalconer · 21/10/2022 16:31

I’m not a solicitor but I’ve had this exact thing come up with my sale with six weeks left to exchange. My solicitor felt it was very unlikely we’d get it done in time.

What is the clause they want? You will also need to get the freeholder to agree to sign it off. The freeholder will have legal costs that they’ll likely want you to cover as well.

Willwemove · 21/10/2022 17:55

We’re in a similar position with 2 months until our mortgage offer expires. From what I have been able to find out, a deed of variation can take anywhere from 2 weeks to 6 months to produce.

It’s worth checking with the buyer whether the clause she wants to be added is a dealbreaker for her or her lender as it’s unlikely within 2.5 weeks.

Hope you get it sorted!

bruffin · 21/10/2022 18:01

My son is buying a flat ATM and has been told 4 to 6 weeks. His mortgage offer runs out end of November so it's close timewise.

turndownthelights · 21/10/2022 20:42

It's something to do with mortgage protection. My buyer isn't having a mortgage but has been told that it could make it difficult for her to sell in the future if it's not in the lease so she wants to go ahead.

I would need to pay the freeholder legal costs and they would pay their solicitors.

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MinnieMountain · 22/10/2022 10:52

It depends on the freeholder and the exact problem.
Is it a ground rent thing or are you shared ownership?

turndownthelights · 22/10/2022 14:11

@MinnieMountain Yes am shared ownership. The housing association has agreed for this clause to be put in. It's around mortgages and some sort of protection, I'm not entirely sure. My buyer is paying cash but been advised by her solicitors that if she was to sell to someone in the future who needs a mortgage then it could put them off if this clause isn't in the lease.

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MinnieMountain · 22/10/2022 15:33

I had to ask as a colleague had another party call something a mortgagee protection clause when it wasn’t.
The good news is that it’s standard essential wording for shared ownership leases now, so there will be no quibbling over wording.
So long as it’s agreed by exchange, you can add wording to the contract that you will complete it and pay the freeholder's costs on completion (some housing associations need at least a week to sign documents).

turndownthelights · 22/10/2022 23:33

@MinnieMountain That's super helpful, thank you

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