• Deed Of Variation

    By Guest on 19th May 2020

    We own a one bedroom flat in a converted house. We recently discover that the freeholder of the property had made changes to the demise moving a stair case. While this Is not an issue for us the freeholder has not regularised the lease plan for our flat that shows the original location of the staircase. We have asked the freeholder to issue a deed of variation to regularise all the paperwork and the freeholder has refused. Can we look to our mortgage provider to write to the freeholder asking them to issue a deed of variation to regularise the property on which the mortgage provider has a charge?

  • 1 Answers

    By NotaryExpress on 20/05/2020

    Your mortgage provider will be unlikely to want to be involved but beware the risk of alerting the lender to any breach of lease in case they feel it is a breach of the mortgage and they call it in. I advise discussing with your mortgage broker (if you have one) before proceeding as such.

    You may want to discuss the matter with a professional property litigation solicitor, who would be much more use and able to help you with professional advice and assistance instead.

    www.notaryexpress.co.uk

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