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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10528
Experience:  Barrister 17 years experience
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I am selling my late mothers house. It is leasehold and I am

Resolved Question:

I am selling my late mothers house. It is leasehold and I am not certain permission was obtained to build a conservatory 13 years ago. The ground rent is £25 pa.
The buyer's solicitor has advised her not to accept indemnity insurance although no reason given for this.
I havent asked the landlord about retrospective planning permission but have asked him how much to buy the lease. He said £400 and my solicitor will charge £300 to sort it out and has said it will take ten weeks.
If the landlord wouldnt give retrospective permission would we have to demolish the conservatory given its been up for over 10 years? Whats my best option?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. I would advise you to buy out the lease. Either way, you are going to have to pay something to the landlord. Either a large amount to retrospectively validate an unlawful structure or else, a small amount to buy out the lease. So you should take the simpler cheaper option and simply buy the landlord out. In point of law, the landlord has until 20 years have elapsed to seek to enforce any covenant. It is only after 20 years of being in breach, that the landlord can no longer rely upon the breach of covenant in relation to that particular conservatory built 13 years ago. So, you are still on peril of losing a sale if you don't buy out the landlord.
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