Services

Property Variations & Rectifications

    Our Property Variations and Rectifications Team is a specialist sub-team within our wider Property Security practice, focused exclusively on identifying and remedying issues that affect the value, chargeability and long‑term acceptability of property portfolios. Working with Registered Providers and Registered Social Landlords across England and Wales, we resolve defects that can restrict funding options or result in valuations being limited to EUV-SH (Existing Use Value – Social Housing) rather than the higher MV-STT (Market Value - Subject to Tenancies) basis. Our work helps clients unlock additional capacity and maintain portfolios that are compliant, finance‑ready and aligned with lender expectations.

    We bring technical expertise to a wide range of rectification and variation issues. These include defective leases and transfers, missing or incorrect mortgagee protection clauses, outdated covenants, boundary discrepancies, ground‑rent issues requiring a deed of variation, and historic drafting errors that prevent properties being charged or refinanced.

    Our team has contributed to sector-leading thought leadership on the wording of Mortgagee Protection Clauses (MPCs), including published commentary following Westminster City Council v Gems House Residences Chiltern Street Limited & Anor [2025], a case that illustrates how precise drafting safeguards lender protection and long-term funding potential: 

    The recent case of Westminster City Council v Gems House Residences Chiltern Street Limited & Anor [2025] highlights the intentions behind Mortgagee Protection Clauses

    Our Services

    We advise Registered Providers, local authorities and private developers on a full range of property variation and rectification matters:

    • Negotiating deeds of variation to correct defective provisions in transfers, leases, Section 106 agreements, Nomination Agreements and related documents
    • Advising on the deed of variation cost and lender‑driven requirements for variations
    • Drafting deeds of rectification and advising on rectification of title deeds and land registry deed of rectification applications
    • Supporting rectification of conveyancing errors and correcting property documentation, including title plans, easements, covenants and rights‑of‑way
    • Managing applications to vary or modify planning permissions
    • Advising on development and planning document reviews to identify funding restrictions
    • Correcting boundary issues and advising on rectification of property documents and rectification of property leases
    • Submitting applications to Land Registry for first registration of unregistered land and correcting Land Registry mistakes or inaccuracies where title deeds are wrong
    • Advising on lease variations
    • Providing workshops and training for councils and housing providers on mortgagee protection clauses, unregistered land issues and factors that limit chargeability

    Our work enables clients to protect asset value, improve funding capacity, and maintain portfolios that meet lender, regulatory and valuation standards.

    Meet the Team

    Our team is headed by Partner Saghar Roya and managed by Associate Hayley Shepherd. Both are recognised for their expertise in property rectification, deed drafting and resolving technical title issues that affect large‑scale housing portfolios.

    The wider team comprises Solicitors and legal professionals with specialist experience in title review, variation drafting and complex rectification matters. We operate as a cohesive unit, supported by our Devonshires Toolkit - a bespoke digital platform that enhances document management, portfolio review and long-term risk monitoring.

    Saghar has worked exclusively in the social housing sector for more than 15 years, with extensive experience advising on property deeds of variation, property rectifications, correcting land registry errors and broader property rectification and amendment issues. Hayley supports clients with complex drafting, lender negotiations and high-volume portfolio reviews.

    As trusted advisers to Registered Providers, we provide clear, confident and technically robust guidance across all aspects of property variation and rectification - helping clients maintain accurate documentation, minimise risk and preserve long-term asset value.

    Meet the Full Team

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