deed of variation to remove pre-emption

[popco79]

Hi All

We are in the process of purchasing a flat which has been previously staircased to 100% by current owners. We have been informed by our solicitors that we cannot complete the purchase until the "pre-emption" provision is removed from lease by way of a Deed of Variation by current owners.This also will have to be registered in Land Registry against sellers title. We have made the offer and been accepted since June 2019 it has been 6 months on going. Now the landloard replied back to saller and my solicitor saying they are not going to agree to remove it because my solicitor has singed the deed before and now asking for the deed of variation.

This is all Jargon to me and don't understand it. Could some please explained to me as who is the fault here, what is the risk of the deed of variation not done for removal of pre-emption? I would be very grateful any advice.

Many thanks in Advance

Regards

[Cinderella66]

Under a shared ownership lease the landlord will normally have “pre-emption” rights if the leaseholder has not staircased up to 100% ownership. This means that if the leaseholder wishes to sell they have to offer the property to the landlord first,or to a purchaser nominated by the landlord. Your solicitor should be advising you properly on this, that is what you are paying them for.

[popco79]

HI Cinderella66

Thanks for the reply much appreciated. My solicitor not mentioned all that to me. Also I wasn't aware of it he approved the deed perilously without telling me and now asking them to do the deed variation to make amendment to it. And the landlord of the property responded and stated that they will not make any amendment to the deed. It is taking 6 months and spend more than £2000 so far.

Do you think because my solicitor made the mistake that he approved the deed first without asking them to the change it and I wan't made aware of all that and that is why causing all this problems as the seller solicitor emailed us and stated that.

And Do you think if they not agree to remove the pre-emption in the deed would that affect me in the future as I am buying the property as buy to let and planning to sell it in the next 5 or 10 years.

Many thanks in advance

Regards
Popco