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  • FIRST POST
    • lancslass17
    • By lancslass17 6th Sep 17, 5:19 PM
    • 10Posts
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    lancslass17
    How to get Leaseholder Permission
    • #1
    • 6th Sep 17, 5:19 PM
    How to get Leaseholder Permission 6th Sep 17 at 5:19 PM
    HI,

    i am wanting to rent out my house i have spoken to nationwide to let them know as the house is mortgaged they have said i need to get permission of the leaseholder.

    How on earth do i do this the house is a terraced and the leasehold was agreed in 1853! i am not currently making any payments ( no one has asked) what can i do?

    thanks
Page 1
    • Alter ego
    • By Alter ego 6th Sep 17, 5:22 PM
    • 2,167 Posts
    • 2,081 Thanks
    Alter ego
    • #2
    • 6th Sep 17, 5:22 PM
    • #2
    • 6th Sep 17, 5:22 PM
    Try the land registry for freeholder's name. Could be there.
    Ignore me if you like, it's not the real me anyway.
    • lancslass17
    • By lancslass17 6th Sep 17, 5:24 PM
    • 10 Posts
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    lancslass17
    • #3
    • 6th Sep 17, 5:24 PM
    • #3
    • 6th Sep 17, 5:24 PM
    Thanks i have the names ( those from 150 years ago anyway) does the land registry update the contact?
    • davidmcn
    • By davidmcn 6th Sep 17, 5:27 PM
    • 6,114 Posts
    • 5,862 Thanks
    davidmcn
    • #4
    • 6th Sep 17, 5:27 PM
    • #4
    • 6th Sep 17, 5:27 PM
    Thanks i have the names ( those from 150 years ago anyway) does the land registry update the contact?
    Originally posted by lancslass17
    If it's changed hands in modern times then it should have a registered title. Any other clues with the title deeds if there have been more recent variations / consents etc? Also note you're the leaseholder, it's the freeholder you're looking for!

    But it's hardly an unusual situation, so why not explain to the Nationwide and see what they suggest?
    • G_M
    • By G_M 6th Sep 17, 5:51 PM
    • 41,952 Posts
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    G_M
    • #5
    • 6th Sep 17, 5:51 PM
    • #5
    • 6th Sep 17, 5:51 PM
    You need the freeholder's permission.

    Does the Land Registry have an entry for the freehold title? If so, pay £3 and Part 1 will show he current owner of the freehold.
    • lancslass17
    • By lancslass17 6th Sep 17, 5:59 PM
    • 10 Posts
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    lancslass17
    • #6
    • 6th Sep 17, 5:59 PM
    • #6
    • 6th Sep 17, 5:59 PM
    I realise this sounds a bit thick but how do i know if there is an entry for the freehold title?

    Thanks
    • G_M
    • By G_M 6th Sep 17, 6:03 PM
    • 41,952 Posts
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    G_M
    • #7
    • 6th Sep 17, 6:03 PM
    • #7
    • 6th Sep 17, 6:03 PM
    I realise this sounds a bit thick but how do i know if there is an entry for the freehold title?

    Thanks
    Originally posted by lancslass17
    It will list several possible documents available to buy:

    * leasehold Title (presumably showing you as the owner)
    * freeholder title
    * Flood risk indicator

    If the freehold Title is not listed, then the freehld is not registered with the Land Registry.
    • lancslass17
    • By lancslass17 6th Sep 17, 6:18 PM
    • 10 Posts
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    lancslass17
    • #8
    • 6th Sep 17, 6:18 PM
    • #8
    • 6th Sep 17, 6:18 PM
    Ah ok thanks, it only lists:

    Title register - is this the same as the property register paperwork we have from solicitor at time of purchase?
    Title Plan
    Flood Risk

    thanks again
    • ThePants999
    • By ThePants999 6th Sep 17, 6:19 PM
    • 866 Posts
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    ThePants999
    • #9
    • 6th Sep 17, 6:19 PM
    • #9
    • 6th Sep 17, 6:19 PM
    Just to check - does your lease actually say you need the freeholder's permission to sublet? If you don't, you can point that out to the mortgage lender, they ought to retract the requirement.
    • lancslass17
    • By lancslass17 6th Sep 17, 6:26 PM
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    lancslass17
    There is a bit on it that says:

    Restriction: no transfer or lease of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by the proprietor for the time being of the charge dated ....

    i assume thats solicitor speak for you need permission.
    • ThePants999
    • By ThePants999 6th Sep 17, 6:29 PM
    • 866 Posts
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    ThePants999
    No - that says you can't sell the house (technically, the LEASE to the house) without your mortgage company's permission :-)

    The answer to my question would be buried in the lease itself, not the title register.
    • lancslass17
    • By lancslass17 6th Sep 17, 6:46 PM
    • 10 Posts
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    lancslass17
    OK i am with you, so where do i get a copy of the lease? its not on land registry...
    • G_M
    • By G_M 6th Sep 17, 10:04 PM
    • 41,952 Posts
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    G_M
    You should have received the lease when you purchased.

    Are you sure the LR do not have it? It would not be listed where you looked before - it would be referred to within the leasehold Title (which you buy for £3 if you don't already have it.) Usually a comment like 'copy filed'.
    • G_M
    • By G_M 6th Sep 17, 10:08 PM
    • 41,952 Posts
    • 48,562 Thanks
    G_M
    There is a bit on it that says:

    Restriction: no transfer or lease of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by the proprietor for the time being of the charge dated ....

    i assume thats solicitor speak for you need permission.
    Originally posted by lancslass17
    Yes. But it refers to "the proprietor for the time being of the charge dated...."

    Not the lease.

    So you need to find & read the Charge dated xxxx. Does it then say 'copy filed'? If so, the LR has a copy which you can apply for £7 here.
    • ThePants999
    • By ThePants999 6th Sep 17, 10:10 PM
    • 866 Posts
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    ThePants999
    Yes.
    Originally posted by G_M
    No! The OP isn't trying to "[register a] transfer or lease of the registered estate" - the charge is irrelevant.

    They want to sublet, create a tenancy. The mortgage lender is saying "we'll only give you permission if you have the freeholder's permission first". I'm saying "check the lease to see whether you actually NEED the freeholder's permission", since if the lease has no such requirement then the mortgage lender might remove theirs.
    • G_M
    • By G_M 6th Sep 17, 11:15 PM
    • 41,952 Posts
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    G_M
    Oops! .....
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