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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 8284
Experience:  Dual qualified Solicitor and Attorney
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We have a sticking point in the sale of our house. yes, all

Customer Question

we have a sticking point in the sale of our house.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: yes, all contracts are ready but there is a Deed Of Variation in respect to the solar panels on our roof. these are leased not owned. the buyers solicitor is happy with the lease as it reads except for the fact that in a couple of places the term Property has been used where the term Premises is what is meant. Their solicitor is saying that this needs changing but it is a template that has been runninf for years. our solicitor says the following
JA: Have you talked to a lawyer about this?
Customer: The biggest hang up of Aimie’s is that the terms Premises and Property are used interchangeably and that this can lead to confusion. I disagree, the meaning of the terms of the Lease are clear from the remainder of the Deed. It is clear as to the meaning of the terms based on the Noscitur a sociis rule (i.e. the term of an ambiguous word is determined from considering the remainder of the Deed).
The terms of the Lease now comply with the CML requirements and EAMS would be happy to supply a letter, if required by Aimie and/or the Buyers’ Lender.
The word ‘Property’ is as per the definition at LR4 of the Prescribed Clauses. It is clear that you are to refer to LR4 which then states the airspace above the roof of the ‘Premises’. You will also note that is any part of the Deed conflicts with this part of the Lease, LR4 shall prevail. In any event, the reference to Property is clear and does not require amendment.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: their solicitor says the following
Submitted: 13 days ago.
Category: Law
Expert:  Jeremy Aldermartin replied 13 days ago.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

Expert:  Jeremy Aldermartin replied 13 days ago.

In any essence their solicitor disagrees with your solicitor what would you like to know about that?

Customer: replied 13 days ago.
We are at stale mate. My solicitor feels that the Lease wording is good enough legally, especially as the lease comes with express instructions that as the Landlord we are not to touch any of the solar panel equipment, so where on the glossary it refers to the Premises as the Property it cannot be misconstrood that it means the house. If our solicitor was stopping the sale progressing [this is the only thing holding it up] i would be asking for a second opinion but our buyers are 1st time buyers and very cautious. i was thinking that if you would err on the side of our solicitor then i would suggest they get a second opinion and move on the sale. the risk here is that we will lose our purchase if they delay much longer. We just cannot seem to get past this point.
The Solar panel owners are god knows where. The asset management company that is dealing with it is asking the owners if they would agree to a change in the lease to correct the error but this is delaying things again. Our mortgage has already been extended once because of this same delay issue. Our buyer is nervous of crossing her solicitor but also has kids with additional needs [like us] and we all need to move asap
Customer: replied 13 days ago.
did you see the info i wrote about what is wrong with the lease and i sent the lease too?
Expert:  Jeremy Aldermartin replied 13 days ago.

Yes I agree with the wording of your solicitor but unless you can get the buyers solicitor to agree it will not progress. I trust this assists

Expert:  Jeremy Aldermartin replied 13 days ago.

Let me know if you have queries