Selling a leasehold flat can become unexpectedly stressful when a Deed of Variation is required. This guide explains how long the process usually takes, why delays occur, and what sellers can do to reduce disruption and protect their sale.
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A Deed of Variation is used to fix or amend a defective lease - in other words, to correct wording in the lease that causes legal or mortgage problems. For sellers, the most important point is this:
A defective lease can make a flat unmortgageable.
Most buyers rely on a mortgage, and mortgage lenders are extremely cautious about lease terms. Lenders will only lend where the lease complies with their specific requirements, which are set out in the UK Finance Mortgage Lenders’ Handbook. These requirements cover issues such as ground rent, enforcement rights, repairing obligations and the lender’s ability to step in if a borrower defaults.
If the lease does not comply, the buyer’s lender will usually insist on a Deed of Variation before exchange or completion. In many cases, the buyer’s solicitor will not allow the transaction to proceed until the variation has been completed and approved by the lender.
Waiting for a Deed of Variation:
Makes the lease lender-compliant, allowing mortgage funding to proceed
Provides good and marketable title, which solicitors are comfortable certifying
Keeps mortgage buyers in play, rather than restricting you to cash buyers
Protects the long-term saleability and value of the flat
Selling an unmortgageable flat is possible, but it usually means:
Fewer buyers and reduced competition
Greater reliance on cash buyers only
Increased pressure to accept a lower price
For that reason, although waiting for a Deed of Variation can be frustrating and stressful for sellers, in most situations it is still worth the delay. It often turns a risky or restricted sale into a straightforward, mortgageable transaction.
Why a Deed of Variation is usually worth waiting for
A guide for sellers of of leasehold flats
There is no fixed or guaranteed timescale for obtaining a Deed of Variation. In practice, sellers should work on realistic ranges, rather than best‑case assumptions:
4–8 weeks – a best‑case scenario, usually where the freeholder is responsive and the variation uses standard, lender‑approved wording
8–12 weeks – the most common outcome for straightforward transactions
3–6 months or more – not unusual where the freeholder is a local authority or housing association, or where the variation is complex or contentious
It is important for sellers to treat these as guidelines, not promises. Timescales can easily extend if the freeholder is slow to respond, if additional legal input is required, or if lender approval is not immediately forthcoming.
In almost all cases, the overall timescale depends mainly on two core factors:
Who the freeholder is – some freeholders have established processes and respond predictably, while others are slow, under‑resourced, or difficult to engage
What the Deed of Variation is for – simple, standard variations are usually dealt with more quickly than bespoke or high‑risk amendments
Understanding these two variables early helps sellers set realistic expectations, plan their sale timeline more effectively, and decide whether waiting for a Deed of Variation remains the right strategy.
Who your freeholder is can make a significant difference to how quickly (or slowly) a Deed of Variation progresses. Some freeholders have established procedures and dedicated teams, while others are under-resourced, cautious, or slow to engage. For sellers, understanding the typical behaviour of different types of freeholder can help set realistic expectations and anticipate where delays are most likely to arise.
These are often the slowest types of freeholder to deal with when it comes to Deeds of Variation.
Local authorities and housing associations typically operate through multiple internal departments. Requests are often passed between leasehold teams, legal departments and external solicitors, which can significantly slow progress. In some cases, approval may be required at management or committee level, adding further delay.
Another common issue is prioritisation. Councils and housing associations tend to focus their resources on statutory lease extensions, major works and compliance issues. Deeds of Variation, particularly those arising from a private sale, are frequently treated as low priority.
Seller concerns
Long periods of silence after an initial acknowledgement
Very limited or generic updates when chased
No enforceable deadlines or statutory time limits
Little visibility over where the request is sitting internally
For sellers, this lack of transparency can be especially frustrating, as there is often no clear indication of when (or if) the matter will move forward.
In practice, timescales of 3–6 months or more are common with local authority and housing association freeholders, and sellers should factor this risk into their sale planning from an early stage.
Professional landlords and large managing agents are generally more predictable than councils or housing associations, but the process is still highly procedural.
These freeholders usually have established internal systems for dealing with Deeds of Variation. They tend to work to set fee structures, use panel solicitors, and rely on standard template wording for common lease defects. This often makes the process more straightforward and easier for solicitors to navigate.
However, predictability does not always mean speed. Progress will often depend on the managing agent’s workload, the availability of their legal team, and how quickly instructions are passed to the freeholder’s solicitor.
Seller concerns
Progress may not begin until all fees are paid upfront
Delays in issuing fee quotes can stall matters early on
Work can pause without explanation if files are awaiting allocation or review
Updates may be reactive rather than proactive
Despite these frustrations, professional landlords and large managing agents are usually more responsive to solicitor chasing than public-sector freeholders.
Typical timescale: 6–12 weeks, with some cases completing more quickly where the variation is standard and the managing agent is well resourced.
This is the most variable category when it comes to timescales, and often the hardest for sellers to predict.
Small private freeholders are individuals rather than organisations. Some are highly engaged, commercially minded, and keen to help a sale progress. Where that is the case, a Deed of Variation can sometimes be agreed very quickly, particularly if the issue is straightforward and the freeholder already has a solicitor they trust.
However, the opposite is also common. Some private freeholders are inexperienced, unfamiliar with modern lender requirements, or simply disengaged. Others may be slow to respond due to work commitments, health issues, or lack of urgency, especially if they do not see any immediate benefit to themselves.
Seller concerns
No managing agent or formal process to rely on
Difficulty contacting or chasing the freeholder
Delays caused by the freeholder needing time to find or instruct a solicitor
Uncertainty over whether the freeholder understands the importance of the issue
Risk that the freeholder loses interest part-way through the process
For sellers, this creates a high level of uncertainty. The timescale can be very fast or extremely slow, with little middle ground, making it difficult to plan a sale or reassure a nervous buyer.
Not all lease defects are treated equally, and this has a direct impact on how long a Deed of Variation is likely to take. Some defects are well‑known, widely accepted by mortgage lenders, and routinely corrected using standard wording. Others are more unusual, technical, or commercially sensitive, requiring bespoke drafting and additional scrutiny from the freeholder and their solicitor. The more complex or high‑risk the defect is perceived to be, the longer the variation process is likely to take - and the greater the uncertainty for the seller.
These are the most common types of Deeds of Variation and, from a seller’s point of view, usually the least risky in terms of delay.
They typically arise where older or poorly drafted leases are missing clauses that modern mortgage lenders expect to see, or where existing wording needs to be tightened rather than fundamentally changed.
Examples include:
A missing mortgage protection or enforcement clause, allowing a lender to step in if a borrower defaults
Missing rights of support, shelter, access or services, which are essential in blocks of flats
Standard amendments to ground rent wording where the rent itself is acceptable but the drafting is outdated
Why they’re quicker:
Freeholders and their solicitors usually already have template wording that lenders are familiar with
The legal risk to the freeholder is low
There is usually no financial impact on the freeholder
The variation rarely affects other flats in the building
From a seller’s perspective, these variations are often the most straightforward to deal with. While they can still be delayed by slow administration or poor communication, they are less likely to result in protracted negotiation or refusal.
Typical timescale: 4–8 weeks, although this can extend if the freeholder is slow to respond or lender approval is required at a later stage.
These variations tend to be more technical or bespoke, and as a result they often introduce additional delay and uncertainty for sellers.
They usually arise where the lease wording is ambiguous, inconsistent, or out of step with modern drafting standards, but not easily resolved by dropping in a standard lender-approved clause.
Examples include:
Clarifying repairing obligations, where it is unclear who is responsible for certain parts of the building or structure
Amending service charge proportions, particularly where the current apportionment is arguably unfair or inconsistent across the block
Correcting drafting errors in older leases, which may have been replicated across multiple flats over time
Why they take longer:
They require detailed legal analysis of the existing lease and, in some cases, the leases of other flats in the building
Freeholders may need to consider the wider impact on the block, including whether changes could set a precedent
There is often negotiation over wording, as freeholders will seek to minimise their own risk
Some variations may affect the freeholder’s income or obligations, increasing reluctance to agree
Seller concerns
Requests can go back and forth between solicitors, resetting the clock
Freeholders may raise additional issues once drafting begins
There is a greater risk of delay, refusal, or unexpected conditions being imposed
Typical timescale: 8–12 weeks or more, with some cases extending beyond this where negotiations become protracted or the freeholder adopts a cautious approach.
Ground rent variations are usually the slowest and most problematic type of Deed of Variation for sellers, and they are a very common cause of prolonged delays.
Examples include:
Doubling ground rent clauses
Escalating ground rent provisions linked to RPI or fixed increases
Other defective or aggressive ground rent clauses that fall outside modern lender guidance
These issues have attracted significant scrutiny from mortgage lenders in recent years. Many lenders will not lend at all unless the ground rent wording is amended, which makes a Deed of Variation unavoidable for mortgage-backed sales.
Why they’re slow:
Changes to ground rent often have a direct financial impact on the freeholder
Freeholders may demand a premium in addition to legal fees, particularly where ground rent income is being reduced or capped
Proposals are subject to heightened lender scrutiny, and wording may need to be approved by both the buyer’s solicitor and the lender
Freeholders may escalate decisions internally or seek valuation advice before agreeing
Seller concerns
High and sometimes unexpected costs
Paying fees without any guarantee the freeholder will ultimately agree
Extended negotiations over wording or premiums
Buyers losing patience or reconsidering the purchase while delays continue
Typical timescale: 8–16+ weeks, with some cases taking significantly longer where negotiations over premiums or wording become protracted.
From a seller’s perspective, the delay can feel unreasonable, particularly where everyone else in the transaction appears ready to move forward. However, from the freeholder’s perspective, agreeing to a Deed of Variation is not an administrative formality - it is a legal decision that can carry long‑term consequences.
When reviewing a proposed Deed of Variation, freeholders and their solicitors will usually be considering:
Legal risk to themselves, including whether the revised wording could weaken their position or expose them to future claims
The impact on other flats in the block, especially if the change could create inconsistency between leases or set a precedent
Whether the wording is truly “standard”, or whether it departs from their usual drafting and requires bespoke advice
Whether lender approval is predictable, or whether revised wording might still be rejected by the buyer’s mortgage lender
Whether other leaseholders may object, particularly where changes affect service charges, rights, or shared responsibilities
Because of these considerations, freeholders tend to adopt a cautious approach. Their solicitors will often take time to review not just the individual lease, but the wider lease structure for the building, which inevitably slows progress.
In practical terms, almost all delay arises from:
The freeholder, who controls whether and when the variation is agreed
The freeholder’s solicitor, who drafts, reviews and approves the wording
Understanding this does not remove the frustration for sellers, but it does explain why progress can feel slow and why sellers often have little direct control over the timescale once a Deed of Variation is required.
A Deed of Variation involves far more parties than a typical sale, which is one reason delays are so common.
Parties involved:
Seller – who wants the sale to progress but has limited control once the issue is identified
Seller’s solicitor – responsible for requesting the Deed of Variation and chasing progress
Buyer – often waiting for certainty before committing to surveys or a mortgage application
Buyer’s solicitor – who identifies the lease defect and insists it is resolved
Freeholder – who must agree to the variation and authorise their solicitor to act
Managing agent – often acts as gatekeeper and point of contact for the freeholder
Freeholder’s solicitor – drafts and approves the Deed of Variation
Buyer’s mortgage lender – may need to approve the final wording before exchange
In practice, the main bottleneck is almost always:
The freeholder and their solicitor
They control whether the Deed of Variation is agreed, when instructions are given, and how quickly drafting and approval takes place. Managing agents can also contribute to delays if requests sit unallocated or are not chased internally.
Neither the seller nor the buyer can force a freeholder or their solicitor to move faster. This lack of control is often the most frustrating aspect for sellers, particularly where everyone else in the transaction is ready to proceed.
Understanding the steps involved - and where delays most commonly arise - can help sellers set realistic expectations and reduce frustration. While the precise timings will vary depending on the freeholder and the nature of the lease defect, the stages below show how a Deed of Variation usually progresses and which parts of the process tend to take the longest.
Issue identified – buyer’s solicitor raises the defect. This often happens once the contract pack and lease have been reviewed. For sellers, this is usually the first indication there is a problem.
Request submitted – seller’s solicitor contacts the freeholder or managing agent to request a Deed of Variation. This stage itself is usually quick, but progress then depends entirely on the freeholder.
Fee quote issued – the freeholder or managing agent provides a quote for legal and administration fees. This stage can take several weeks, particularly with councils or housing associations. No work is normally done before fees are agreed.
Fees paid upfront – once fees are paid, the freeholder will usually instruct their solicitor. Until this happens, the matter often sits idle.
Draft Deed prepared – the freeholder’s solicitor prepares the draft Deed of Variation. This can take anything from a few days to several weeks, depending on complexity and workload.
Draft approved – the draft is reviewed by the seller’s solicitor, the buyer’s solicitor and, where applicable, the buyer’s mortgage lender. Any requested changes can add further delay.
Deed executed – once wording is agreed, the Deed of Variation is signed by all parties. Coordinating signatures can take time, especially where multiple parties are involved.
Completion of Deed of Variation – the Deed of Variation becomes legally effective. At this point, the lease defect is usually considered resolved.
Land Registry application (AP1) – the variation is registered at the Land Registry after completion. Registration can take weeks or months, but it does not usually need to be completed before the sale can exchange or complete.
Usually:
No, you do not need to wait for Land Registry registration before exchange. Exchange can often take place once the Deed of Variation itself has been formally completed and signed by all parties.
Registration at the Land Registry can follow after exchange and even after completion of the sale.
For sellers, this is an important distinction. While Land Registry registration can take weeks or even months, most mortgage lenders are satisfied as long as the Deed of Variation has been completed and is capable of being registered.
However, there are exceptions. Some lenders may require confirmation that the application to register the Deed of Variation has been submitted, and in rare cases a lender may insist on registration being completed first. This is why it is essential that your solicitor checks the specific lender’s requirements at an early stage.
Your solicitor will confirm exactly what the buyer’s lender requires and whether exchange can safely take place before registration is completed.
No - a Deed of Variation is not guaranteed, and this is an important risk for sellers to understand at an early stage.
In most cases:
Freeholders are not generally obliged to agree to a Deed of Variation
There are no statutory timescales requiring them to respond or progress matters
A freeholder can refuse outright or agree only on certain conditions
Conditions imposed by freeholders can include:
Payment of higher‑than‑expected legal or administration fees
A request for a premium, particularly where the variation affects ground rent or value
Changes to wording that may not satisfy the buyer’s lender, causing further delay
This uncertainty is one of the reasons Deeds of Variation can be so frustrating for sellers. Even after weeks or months of waiting, there is no absolute certainty that the freeholder will ultimately agree on acceptable terms.
That said, your solicitor can usually give practical guidance early on based on their experience, including:
The likelihood of the freeholder agreeing in principle
Whether the issue is typically resolved using standard wording
Whether the freeholder has a track record of cooperation in similar cases
While this guidance can help sellers assess risk and plan ahead, it cannot remove it entirely. There is always an element of uncertainty once a Deed of Variation depends on a third party’s discretion.
A Deed of Variation often becomes a critical path item in the transaction. This means that even if every other aspect of the sale is progressing smoothly, the overall timetable is effectively dictated by how quickly the Deed of Variation can be agreed and completed.
Common consequences for sellers include:
Exchange being delayed, even where price, enquiries and searches are otherwise agreed
Buyers holding off on surveys or mortgage applications until there is certainty that the lease issue will be resolved
Mortgage offers expiring if delays extend beyond the lender’s offer validity period
Increased risk of renegotiation, particularly if the buyer becomes nervous or incurs additional costs
In practice, many buyers are reluctant to commit fully to a purchase while a Deed of Variation is outstanding. From their perspective, there is a risk of spending money on surveys, valuations and mortgage fees only for the transaction to fall through if the freeholder refuses to agree or delays excessively.
In most cases:
Exchange cannot happen until the Deed of Variation is completed.
This is because the buyer’s solicitor cannot usually certify good and marketable title, and the buyer’s lender will not release mortgage funds, until the lease defect has been formally corrected. For sellers, this makes the Deed of Variation one of the most important factors influencing the overall sale timeline.
For sellers, prolonged delays can lead to a number of escalating risks, particularly where the buyer is reliant on a mortgage or part of a wider chain:
Buyer walking away – buyers may lose confidence, find an alternative property, or decide the risk and uncertainty are no longer worth it
Sale falling through – even committed buyers can withdraw if delays drag on without clear progress or timeframes
Chain collapse – if you are part of an onward chain, delays at your sale can cause pressure above and below, potentially collapsing multiple linked transactions
Price renegotiation – buyers may seek a reduction to reflect the delay, additional costs, or perceived risk, especially if market conditions change
Mortgage offer expiry – mortgage offers have fixed validity periods, and extensions are not guaranteed; if an offer expires, the buyer may need to reapply or pull out altogether
The longer the uncertainty continues, the greater the risk that patience wears thin, confidence is lost, and the transaction becomes unstable - even where both parties started with the best intentions.
You cannot control the freeholder, but you can reduce avoidable delays and put yourself in the strongest possible position as a seller.
Ask your solicitor to review the lease early, ideally before the flat is marketed. Identifying potential defects early gives you the option to start the Deed of Variation process before a buyer is found, reducing the risk of a late‑stage delay.
Start the Deed of Variation process as soon as an issue is identified. Even a short delay at the beginning can add weeks to the overall timescale later on.
Pay freeholder and managing agent fees promptly. Most freeholders will not instruct their solicitor or begin work until fees are paid in full, so delays here are entirely avoidable.
Ask your solicitor to chase regularly and proactively. Consistent, polite chasing helps keep the matter visible and reduces the risk of it sitting unallocated.
Do not be afraid to chase the managing agent or freeholder yourself. While solicitors handle the legal work, seller‑to‑freeholder communication can sometimes prompt faster administrative responses.
Keep the buyer fully informed. Regular updates, even when there is little progress, help maintain trust and reduce the risk of the buyer losing confidence or withdrawing.
Allow other conveyancing work to run in parallel. Searches, enquiries and draft contracts can often progress while the Deed of Variation is being dealt with, minimising further delay once the variation is completed.
While none of these steps can guarantee speed, early action and clear communication are the single biggest factors within a seller’s control when dealing with a Deed of Variation delay.
If the delay caused by a Deed of Variation becomes prolonged or uncertain, some sellers begin to consider alternative ways of progressing or exiting the sale. These options are usually driven by the need for certainty and speed, rather than achieving the maximum possible price. While none are perfect, understanding the alternatives can help sellers make a more informed decision if waiting is no longer commercially or practically viable.
Often suggested as a quick fix where a Deed of Variation is delayed or proving difficult
Frequently rejected by mortgage lenders, particularly where the lease defect has already been identified
Usually unsuitable for known or existing lease defects, as indemnity insurance is designed to cover unknown risks rather than correct problems
For sellers, indemnity insurance can sound attractive because it appears to offer speed and certainty. In practice, however, most lenders will not accept an indemnity policy as a substitute for a Deed of Variation where the lease wording is clearly defective. Buyer’s solicitors are also often reluctant to rely on insurance where the underlying issue can (in theory) be fixed.
As a result, indemnity insurance is only rarely a viable alternative, and sellers should be cautious about assuming it will unblock a delayed transaction.
In some cases, a lease extension can be a quicker, more certain and more comprehensive solution than waiting for a Deed of Variation - particularly where delays are being caused by an unresponsive freeholder or complex lease defects.
A key reason for this is that most lease extensions follow a statutory process under leasehold legislation. Unlike a Deed of Variation, which is discretionary, a statutory lease extension gives qualifying leaseholders a legal right to extend their lease.
This matters for timescales because:
The process follows a formal, rights-based procedure, rather than relying on goodwill
There are enforceable deadlines for the freeholder to respond
If the freeholder fails to engage, the seller can ultimately apply to a tribunal
In addition, a statutory lease extension often automatically resolves multiple lease defects in one step. A new extended lease:
Adds 90 years to the existing term
Reduces ground rent to a peppercorn
Uses modern, lender‑approved drafting
As a result, issues such as doubling or escalating ground rent, outdated clauses, and certain technical defects can fall away entirely, removing the need for a separate Deed of Variation.
From a seller’s perspective, this can sometimes provide greater certainty. While a lease extension is not instant and does involve cost, it removes the risk of a freeholder simply refusing to cooperate, which is a common frustration with Deeds of Variation.
That said, a lease extension is not suitable in every case. It may not be appropriate where the lease is already long, where the defect is very narrow, or where the freeholder is cooperative and a simple Deed of Variation is progressing reasonably.
However, where a Deed of Variation is dragging on with no clear end date, it is well worth asking your solicitor whether a lease extension would resolve the underlying issue more quickly and with greater certainty than continuing to wait.
Options include:
Selling to a cash buyer – cash buyers are not constrained by mortgage lender requirements, so they can often proceed without a Deed of Variation. This can significantly reduce timescales, but cash buyers will usually factor the lease defect and risk into their offer, often resulting in a lower price.
Selling to a company specialising in leasehold flats – some companies focus specifically on buying problem leasehold properties, including flats with defective leases. These buyers understand the risks and delays involved and can move quickly, but offers are typically discounted to reflect the unresolved issue.
Selling at auction – auction sales can provide speed and certainty once a buyer is secured, as contracts are exchanged on the fall of the hammer. However, the lease defect must be fully disclosed in the legal pack, which can deter bidders or significantly affect the final sale price.
All of these routes trade speed and certainty for price. For sellers facing prolonged or uncertain delays with a Deed of Variation, they can provide a pragmatic exit strategy, but it is important to weigh the financial impact carefully before proceeding.
A Deed of Variation is one of the most common - and most frustrating - causes of delay when selling a leasehold flat.
While the timescale can feel painfully slow:
It usually makes the flat saleable to mortgage buyers
It protects the long-term value of the property
In many cases, it is worth waiting for
The key is understanding the risks early, managing expectations, and knowing when to explore alternatives if the delay becomes unacceptable.
Most Deeds of Variation take between 8 and 12 weeks, although it can be quicker in straightforward cases or much longer where the freeholder is a council or housing association.
Yes. In most cases a Deed of Variation becomes a critical path item and will delay exchange until it has been completed.
Freeholders are not under any statutory deadline to agree or respond. Delays are often caused by internal approvals, workload, or the freeholder treating the request as low priority.
Usually no. Most buyers’ solicitors and mortgage lenders will not allow exchange until the lease defect has been formally corrected.
Usually not. Exchange can often take place once the Deed of Variation is completed, with registration following later, subject to lender requirements.
No. A Deed of Variation is discretionary. The freeholder can refuse or impose conditions, including fees or a premium.
In most cases no. Mortgage lenders rarely accept indemnity insurance for known lease defects, so it is usually not a suitable alternative.
Yes, sometimes. Lease extensions follow a statutory process with enforceable deadlines and can automatically resolve multiple lease defects, but they are not suitable in every case.
If the mortgage offer expires, the buyer may need to reapply or withdraw. Extensions are not guaranteed, which increases the risk of the sale falling through.
You can ask your solicitor to review the lease early, start the process as soon as an issue is identified, pay fees promptly, chase regularly, and keep the buyer informed throughout.
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