Update on expedited Deed of Variation

Hello Adam, long time no speak! I’m hoping you can help me again.. We are in the process of purchasing a leaseholder flat accompanied by a share of freehold. The sale is waiting for a deed of variation on the lease. It’s been expedited and the title no is TGL93174. It seems the registration is being held up by the delayed registration of another Deed of Variation linked to the sale of the lease of the downstairs flat - title SGL206576. Would you be able to investigate as to what issues are outstanding and whether there is any likelihood of this being resolved shortly?

Hello again A Reedman - you are half right in that the application is delayed but it's not as a result of the other lease as far as I can tell. We contacted the conveyancer for more on 23rd June and await their response. You'll need to speak to the conveyancer to confirm and to clarify what's still required. TGL653417 (prov new title)

We’re testing a new service that will give citizens the ability to check the progress of an application online. These are citizens who have applied themselves and those who have applied through a conveyancer. The user research would involve a one to one Teams call lasting 45-60 mins If you are happy for us to email you the details to consider please respond to this post. There’s no obligation to respond here or to agree to the call once the specific details have been emailed. Purely an Ask on our part.

Yes happy to receive details. I understand that the upstairs deed of variation requires the consent of the lender which seems relatively straightforward. Does everything else submitted seem straightforward too. Apparently both our conveyancer and the vendor’s have asked the conveyancer for the outstanding deed of variation downstairs to expedite theirs too. Are you able to confirm whether this has happened?

Many thanks - the downstairs application was submitted in Dec 2023 but the conveyancers have yet to provide all that is needed. As it's already been processed there's nothing to expedite. With regards your own application it has also bene processed as far as possible but we need the specific more from the conveyancer involved.

Thank you Adam for explaining. The lack of registration for downstairs is an issue for our conveyancer and she insists that these issues must be resolved before we exchange. She is concerned that if there are unknown issues registering their deed then she would also have problems with ours - hence the request to register the deed for upstairs prior to purchase. Unfortunately the vendor’s solicitor is pretty absent. As I understand it the downstairs flat was given recently a clearer title plan by their vendor (also our vendor) since that seemed to be the problem. That was supposed to have been resubmitted. Am I to understand that if that plan has been received then the registration for downstairs will go through or is this more complicated?

A Reedman - noted and appreciated but that's very much something for your conveyancer to decide/discuss. I suspect part of her concern is that even if we are able to complete the new leasehold registration for your property the freehold information can only be updated once the other lease has been completed first. Some mortgage providers/conveyancers want a clean slate so to speak With regards the other lease the conveyancer was contacted on 23rd June again to resolve the plan issue

Thank you Adam I understand - your point is exactly why my conveyancer has taken this stance. However both seller and buyer are keen to get this wrapped up, I just don’t think the vendor’s solicitor got the same memo…I will contact you in a few days if I hear nothing, but if you have the chance, could you keep an eye on it and let me know when new documentation has been received for downstairs?

Hi Adam is there any progress on the application for the downstairs flat? The upstairs flat has requested approval from their lenders but I hope that the conveyancer for downstairs has submitted a clearer plan to support the deed of variation. Would you be able to let me know? If there hasn’t been any receipt I will contact our vendor to let him pursue the other leaseholder. Many thanks

Hi A Reedman - still no response from the other conveyancer to our letter dated 23rd June

Nothing is easy is it?! We shall chase again from our end and hope that it makes a difference. Thank you for your prompt replies Adam- it makes a huge difference.

A Reedman - a lot of things can be very easy and go through without a hitch. But there are always those that hit the sides and when they do delays and difficulties can arise sadly. The conveyancers tend to have to rougher ride re complexities especially where other parties need to also be proactive with their own responses. Hopefully the conveyancers can come up trumps here to move matters forward again