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Indemnity Policy vs Deed of Variation

8 replies

Mills25 · 12/11/2022 15:39

I am a buying my first property and close to exchanging however we have an issue with ground rent.

The ground rent has a doubling clause of 20 years. It has a few years yet before it doubles to £250 and then 20 years after before it doubles to £500.

I am in a rush to move in so if the seller refuses to proceed with the Deed of Variation and/or we are looking at several months I am thinking about accepting an Indemnity Policy on their expense to then look at purchasing a Deed of Variation for when I come to sell or my mortgage offer will expire.

Am I able to purchase a Deed of Variation at any point once I have moved into the property?

Any advice would be great.

OP posts:
ChristmasCakeAndStilton · 12/11/2022 15:52

An indemnity policy protecting against what?

NewmummyJ · 12/11/2022 15:57

Your lenders may no longer lend to you without the deed of variation in place, particularly dependent on your lenght of mortgage.

Mills25 · 12/11/2022 15:59

to state provide assurance to the lender regarding the ground rent at £250.

OP posts:
Mills25 · 12/11/2022 15:59

@ChristmasCakeAndStilton against the ground rent of £250.00 for the lender.

OP posts:
Mills25 · 12/11/2022 16:02

@NewmummyJ I believe they would accept the indemnity policy however I would like to purchase this at a later date for when I sell but unsure if it can be purchased at a later date or has to be when buying/selling property.

OP posts:
Blankscreen · 12/11/2022 16:03

I don't understand what the I indemnity policy is for? The lease says the ground rent will double. There is a known party who benefits.

There is no guarantee that the Deed of Variation will be available on the same terms in the future.

NewmummyJ · 12/11/2022 16:04

You can purchase it anytime- but only if landlord agrees, so you might want to at least fact find this even if you don't have the deed drafted. I would also check with your lender they would accept the indemnity.

Mills25 · 12/11/2022 16:05

@NewmummyJ thank you☺️

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