I live in a converted Victorian house and own the first floor flat. The ground floor is owned by a charity for disabled adults. We both have share of the freehold (50/50 lease).
We have recently sold our flat and as condition of sale are trying to increase the years left on our lease. We have contacted the ground floor flat who has wished to so the same. In addition to this the charities solicitor has asked for variations in the lease (currently we have separate building insurance which they wish to change), which we are happy with. Our buyers solicitor has also reviewed the variations and is happy with them.
The new lease has been sent to the charities lender and has been with their lender for over 2 months now. They do not know when they will get the approval from their lender, and are not chasing this.
Our buyer wants to exchange and complete on the sale of our flat. She is happy for the increase in years and the variations on the lease to occur after sale, to give the charity the time they need. However the charity is refusing to sign her on our lease. Their reason being that she could refuse the variations being made and their increase in years on their lease at a later date. However she has stated she is happy with the variations and for them to increase the years.
Our solicitor is not acting on this and is just saying we can't do anything and need to wait, that without their signature we will never be able to sell and are stuck (not the most useful of answers!). Is there anything we can do? My opinion is the charity is being unreasonable and holding the lease for no reason.
To complciate things they are also not speaking to us direct, I have one contact at the charity who is assisting but isn't really involved. The charities solicitor refuses to speak to me or to pass me the details of the person she is speaking too at the charity.
The chain for us to exchange and compelte is only waiting on this 1 form, so I am under pressure to resolve as soon as. Any help would be great!
Thank you
We have recently sold our flat and as condition of sale are trying to increase the years left on our lease. We have contacted the ground floor flat who has wished to so the same. In addition to this the charities solicitor has asked for variations in the lease (currently we have separate building insurance which they wish to change), which we are happy with. Our buyers solicitor has also reviewed the variations and is happy with them.
The new lease has been sent to the charities lender and has been with their lender for over 2 months now. They do not know when they will get the approval from their lender, and are not chasing this.
Our buyer wants to exchange and complete on the sale of our flat. She is happy for the increase in years and the variations on the lease to occur after sale, to give the charity the time they need. However the charity is refusing to sign her on our lease. Their reason being that she could refuse the variations being made and their increase in years on their lease at a later date. However she has stated she is happy with the variations and for them to increase the years.
Our solicitor is not acting on this and is just saying we can't do anything and need to wait, that without their signature we will never be able to sell and are stuck (not the most useful of answers!). Is there anything we can do? My opinion is the charity is being unreasonable and holding the lease for no reason.
To complciate things they are also not speaking to us direct, I have one contact at the charity who is assisting but isn't really involved. The charities solicitor refuses to speak to me or to pass me the details of the person she is speaking too at the charity.
The chain for us to exchange and compelte is only waiting on this 1 form, so I am under pressure to resolve as soon as. Any help would be great!
Thank you