尤其是卖家律师拒绝修改lease以及提供deed of variation,律师说All of the points here could cause issues when you come to sell… 这要怎么办?如何降低到时卖房可能遇到的风险呢?难道要放弃吗?谢谢!!
Issue 1: Your Lease states that each individual person should take out buildings insurance for their individual flat and garages. This is not the best practice as most blocks of flats in the Lease make it a requirement for the landlord to insure the whole building with the cost of the buildings insurance being split between each owners. Some mortgage companies may insist on the Lease being changed. However, a way around this is by obtaining an indemnity insurance to protect you if the building hasn’t been insured properly.
I have requested this from the sellers solicitors and currently they are refusing to provide this but I have requested again and have insisted that we can only proceed once we have heard that the seller will provide the insurance and meet the cost of the same on completion.
Issue 2: ground rent is to increase 10% every 5 year, this is against the best practice. I have written again to the sellers solicitors asking for a Deed of Variation to rectify this in the Lease. So far they have refused. It is likely that your bank may not be willing to lend where a ground rent is increased every 5 years.
Flat单独买保险是不可行的,除非好像那种coach house或者mansion
没有legal right to re-build property on the land not belongs to lease holder 要free holder 买整座高楼大厦的building insurance
只有freeholder 才有法律依据从地面盖楼。比如说我的在十楼,就算自己买了自己单位的reinstate building insurance 那个也只是mortgage lender security consideration purpose.或者金钱赔偿责任罢了,其中一个公寓是没办法reinstate the whole blocks
只有freeholder 买整栋的保险再分摊到每一户的那种才有效(就是可以理赔盖回整栋公寓再reinstate 你的单位)。