Deed of Variation - Developer Dissolved

<p>Thank you for the response above. Just to query, as we have another similar matter:</p> <p>Would you require that the developer be a party to the variation or would submitting evidence that the company has been Dissolved be sufficient?&#160;We appreciate that where we are looking to vary a rentcharge the rentcharge owner must be a party - what's not clear is if you would consider the original developer a rentcharge owner where the circumstances giving rise to their ability to collect the rentcharge&#160;have not yet materialised. &#160;<br> <br> Thank you</p>

Mark - the devil will always be in the detail but it's for you to decide which parties need to be involved in any variation of the rentcharge if that's what's required.<br> If you are suggesting that the original developer is the rentcharge owner/able to vary the terms involved then you would ned to provide proof of that being legally possible.<br> It seems to me that is the fundamental Q here as to who has the benefit of the rentcharge and if that's potentially the dissolved company you may have to consider you may need to have it restored.<br> But that's not a Q for HMLR to answer here - if you submit an application to register a deed of variation made between X and Z you'll need to provide supporting evidence to demonstrate how X and Y are able to legally vary a rentcharge created by say X and Y<br> &#160;