Leasehold company making unreasonable demands?

[mortyarty]

We are in the process of selling our London flat which will release the funds to clear all our personal and business debt. This is currently an urgent process and some of the debts are with enforcement officers.

An offer has been accepted and the conveyencing process has moved on to the buyers solicitors.

 

It's now almost 3 months after the offer was accepted,and all delays seem to be down to the leasholding company who yesterday have stated that they require a Deed of Variation to include right of access over a path (about 30ft of path) - fair enough, they also want £350+vat - no problem with that - but they are also asking for 2% of the current market value of the lease before they will consider doing the variation. There is no indication of what the market value is, but in 1974 it was £9500

 

Then they will not release the deed of variation until other conditions have been met, "all areas of rent, insurance premiums and service charges (where applicable) must be paid before the deed will be sealed and it will not be granted if there are any other existing breaches of covenant, such as unauthorised alterations" (one quote from a letter which raised a number of other similar considerations)

 

Can the leasehold company (a large one with a considerable number of properties) demand this and is transfer of lease or deed of variation therefore conditional, in law on these being met?

 

When the flat was purchased in 2002 there were outstanding monies owing re service charge and ground rent etc left from the previous owner of the flat.

At this time the leasehold company (the same one) stated "Since the transfer of the lease is a private thansaction between you and the previous lesee, it cannot involve the landlord" so the outstanding monies owed by the previous owner were paid by us. They will now not allow the transfer of the lease until all is paid upfront (as far as I can understand)

 

I hope that the above is clear - can they charge the 2% and place a raft of other conditions on the granting of such a seemingly simple request.

 

The indication is, as well that they want all the money up front, but this was not fully clear (all letters from them are suitabley ambiguous) , so hopefully it is on completion

 

Many thanks in advance

[raydetinu]

what is the relationship between yourselves and the leasehold company? do you sublet the property of them? do you lease of a LL, is there a management company involved?

[mortyarty]

Many thanks for getting back, it is a leasehold property that we own and we deal directly with the company that owns the freehold. This company owns the freehold of many properties in the london area

[raydetinu]

what advise has your conveyancing solicitor given you?

not an expert in leasehold properties, but if you own the lease then I cant see how the LL can stop you selling it on!

It has nothing to do with him if there any there are an management issues?

what has the right of access to a path got anything to do with you unless you are claiming it from the LL? or somebody else to put in the new lease you are selling?

You need to examine your lease very carefully or get a solicitor to do it.

[mortyarty]

Many thanks for that - on close inspection of the copy of the plan that is supplied with the leese there is a faint line where the path is, so I'm just checking to see if is mentioned in the deeds.

I thing that they are after a bit of additional cash, will speak to our solicitors later