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Lessee Unable to Sell Due to Unclear Contract

A lessee was left with a contract that led to them being unable to sell their home.

An ambiguous and unclear clause in the contract stated that the leaseholder did not have the right to the common area in the property, based in hackney. This meant that the lessee couldn’t pass over the common land and get into their flat, leaving them landlocked.

When a contract is not black and white, and clear and concise, it can be extremely difficult to enforce your rights. The ambiguity resulted in the lessee being unable to legally gain access into their flat.

This had significant consequences when the time comes to selling their flat, as buyers would be wary of the obscurity.

The Solution

When there is an ambiguity in the contract, you can arrange to request what is called a deed of variation. This means the terms that are confusing or onerous can be re-written.

Our team have experience with contractual issues so we were able to negotiate and approach the matter with understanding of the complexities on behalf of the client.

We first contacted the landlord to discuss the issue, and asked whether they will assist in resolving a historical contractual issue. In order for the variation to be processed, the landlord is required to agree to the deed.  This can commonly cause challenges for the individual requesting the re-write, as landlords are not obliged to cooperate, and often, it is not in their interest to do so.

We assisted the client through the legal registration process to ensure the leaseholder managed to create a clear and concise lease.

Conclusion

We are happy to announce that the lease is now clear and concise, which allows the lessee to proceed with selling their property without hindrance.

Do you currently have a concern regarding the ambiguity of your lease? Are you concerned that you will struggle to sell your property as a result?

Please do get in touch with our team, who can assist you on the next best steps to take relevant to your particular case.

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