Please help as I am going round in circles.
I served notice in November to extend my lease & the premium was agreed at the end of May in open correspondence (surveyors & solicitors involved). Once the premium was agreed my freeholder then offered to by my existing lease at a level I would accept. I agreed on the basis that the sale was complete within 2 months of the agreed date (as advised by both solicitor & surveyor)or my freeholder would need to make an application to the court for a 3 month extension at a cost of £1500. He agreed.
The issue I have is that my freeholders solicitor is saying there is no need for an application to courts for an extension as he has written to my solicitor to say so, & that there is no £1500 charge. I am being advised that statute overrides contract so if my freeholder changes his mind after the critical date I will not be able to extend my lease at the agreed premium. My freeholder cannot complete by the critical date as he is still in the process of his mortgage.
Please advise- do I need to apply to the court? What are the costs?
Thanks Sarah
I served notice in November to extend my lease & the premium was agreed at the end of May in open correspondence (surveyors & solicitors involved). Once the premium was agreed my freeholder then offered to by my existing lease at a level I would accept. I agreed on the basis that the sale was complete within 2 months of the agreed date (as advised by both solicitor & surveyor)or my freeholder would need to make an application to the court for a 3 month extension at a cost of £1500. He agreed.
The issue I have is that my freeholders solicitor is saying there is no need for an application to courts for an extension as he has written to my solicitor to say so, & that there is no £1500 charge. I am being advised that statute overrides contract so if my freeholder changes his mind after the critical date I will not be able to extend my lease at the agreed premium. My freeholder cannot complete by the critical date as he is still in the process of his mortgage.
Please advise- do I need to apply to the court? What are the costs?
Thanks Sarah