Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Property/DIY

Join our Property forum for renovation, DIY, and house selling advice.

Deed of variation -- do I need a solicitor?

4 replies

Ippagoggy · 07/12/2023 16:21

We bought our house 4 years ago (direct from the property developer). We are currently looking to re-mortgage. However, something interesting popped up -- which is the subject of estate rent charges. The new lender does not want to lend us the money unless these rent charges are dealt with in some way.

One possibility is a deed of variation to remove the Section 121 of Property Law 1925. And I like this solution because it also future proofs us from this issue popping up again in case we remortgage again or if we sell to a buyer who needs a remortgage.

Fortunately, the original property owner (Who is the rentcharge owner) is being very reasonable and is happy to agree to a deed of variation. In fact, they have even offered to have their lawyers draft it (for a fee of ~ 500 pounds).

My question is : do I need a lawyer myself? Or is this a relatively straightforward piece of paper that my husband and I can sign?

OP posts:
Ilikewinter · 07/12/2023 17:14

Im not 100% sure OP but on such an important issue I think I would want to employ the services of my own lawyer. I can see this becoming the next PPI scandal in the coming years, weve just backed off buying new builds due to this charge and the stories that I keep reading about them. Its scandalous that the government havent yet change the law to give freeholders the same protection as leaseholders.

Ippagoggy · 08/12/2023 16:37

Thanks @Ilikewinter — I agree that i don’t want to mess around!

OP posts:
CountryCob · 09/12/2023 14:07

Yes you need a lawyer I would say, were you thinking of writing it yourself????

Grumpystripes · 09/12/2023 15:23

Yes. Deeds of variation can be really complicated so well worth getting a solicitor yourself to check it.

New posts on this thread. Refresh page