In cases where there has been a change to the physical layout; if there is an error in the lease pertaining to leasehold property; or where the demise has been extended, a deed of variation will be needed. The lease will need to be varied to rectify the problem, a deed of variation will need to be agreed and signed with your landlord. The Deed of Variation will include an amended Land Registry Compliant plan to support the written documents prepared by a Solicitor.
Almost all leases have restrictions on alterations to the property. If structural alterations are to be made to a property, agreement, and permissions from the Freeholder must be sought beforehand. This agreement would be set out formally in a license for alterations, a legal document setting out what the landlord says you can and cannot do in terms of structural changes to your property. Furthermore, it is advisable to obtain a deed of variation if carrying out changes to leasehold property in advance of putting it on the market as difficulties may be experienced at the point of sale – causing delays or potentially losing a buyer.
Some common reasons to need a Deed of Variation are where a lease plan doesn’t accurately reflect the current demise of a leasehold, where there has been an extension to the boundary of the building ie purchasing a cupboard or extra room, or where a leasehold property has extended into a loft space.