Lost Leasehold Agreement

SecondTimeBuyer

Hello, I used to be a registered member but I haven't logged in for a long time.

In 2007 I was a first time buyer (with my brother) and bought a 2 bedroom leasehold maisonette with a share of the freehold. I was sold the maisonette on the basis that it had a 999 year lease from 01.01.1971, that is dated 10/11/2003. I have a letter (and other documents) from my convayencing solictor confirming these dates. I also have a copy of the Land Registry "Official Copy of Registered Entries" that confirms there was a lease renewal in 2003. We have a mortgage with NatWest.

Moving forward 5 years my brother and I are in the process of selling the leasehold flat. We instructed our solicitors (who were the conveyencing solicitors for the purchase) to sell the property to a BTL investor. During the usual searches the solicitor has informed my by phone call that the Land Registry has lost my 'current' lease and they only have a copy of the lease dated 1971 that only lasts for 99 years (54 year remaining) not the 999 years stated when I bought the property.

Within my documents I have the lease dated 1971 for 99 years, but I have no copies of the lease dated 2003 that is 999 years from 1971.

My girlfiend and I have now found a place we would like to purchase but the vendor will not accept our offer until we have exchanged contracts with the person buying our property. Therefore we are at risk of losing it. Please can someone here help me with where I stand, and how I can move forward quickly?

Thanks in advance!

SecondTimeBuyer

Sorry there were some facts I missed off. The Mangagement Company and Directors that look after the block that I live do not have a copy either of the lease agreements and I have run out of ideas on how to trace a copy of the old lease!

cattie

Have you contacted these people for advice in this situation? http://www.lease-advice.org/?

SecondTimeBuyer

Thanks. I have sent them an e-enquiry and will call them if I have not heard back within the next couple of days.

Are there any other known avenues of obtaining a duplicate of the lease from 2003?

propertyman

Ask your solicitor who acted on the sale, and for the landlord at the time, and your mortgagee

SecondTimeBuyer

propertyman wrote: »

Ask your solicitor who acted on the sale, and for the landlord at the time, and your mortgagee

Thanks for the response. Sorry I was probably not clear, I am using the same solicitor for the sale of the property and for the initial purchase and they raised the issue 3/4 weeks ago about the current lease being missing.

The 'landlord' is the collection of leaseholders, I have spoken to the Directors of the block and the Management Company - neither have a copy of any leases for the block (I can't believe how disorganised they are :mad:)

I have contacted NatWest (our mortgagee) and they have sent me duplicates of all the documents they hold and unfortunately they are for the 99 year lease, not the current 999 year lease.

propertyman

But surely a firm of solicitors acted for the landlord to issue the lease extensions or a new lease....

Then I suggest that you arrange with the landlord's to have a lease executed to replace it ( a simple surrender and grant), and I hope that all the leases are on the same terms to make it simple.

Do you have any insurance polices that cover loss of "deeds" or other legal expenses

SecondTimeBuyer

propertyman wrote: »

But surely a firm of solicitors acted for the landlord to issue the lease extensions or a new lease....

Then I suggest that you arrange with the landlord's to have a lease executed to replace it ( a simple surrender and grant), and I hope that all the leases are on the same terms to make it simple.

Do you have any insurance polices that cover loss of "deeds" or other legal expenses

Thanks, The Managment Company changed in 2007 just after I bought the place. I will chase the old Management Company down and see what I can find from them.

Thanks for all the advice!

propertyman

SecondTimeBuyer wrote: »

Thanks, The Managment Company changed in 2007 just after I bought the place. I will chase the old Management Company down and see what I can find from them.

Thanks for all the advice!

But your solicitor will have corresponded with the landlords solicitors -they know who they are .....

Very welcome

They will find out out far more readily than an old agent who will be reluctant to pay for archive files on a five year old instruction.

As it happened in 2003 they likely will not have kept the files after 7 years ( 6 plus 1 just in case).

Richard_Webster

If you have official copies of a title register showing a 999 year lease then the Land Registry have some explaining to do as to where that lease has gone. Get those copies out and track down that title number.

In order to register the new lease in the first place they must have had the original and a spare copy out of which they could create an official copy. What seems to have happened is that loads of documents were sent by the Land Registry to an outside company for scanning in when everything went electronic and a few got lost. If that's the case here then you may be entitled to compensation from the Land Registry.

propertyman

I was valuing the freeholds of a client's two blocks with a complicated history of title and visited HMLR and they recalled the file from Portsmouth.

Low and behold there was huge section, outlined in red by HMLR !, about contributions to the shared drive and parking areas which was supposed to be in the register, but which was never done.

It had been filed away with the old titles of two of the (several) old houses that were demolished to make up the north end of the site but which had been merged into one title.

I suggest as RW' suggests, they are probably mis-marked, hopefully in the file.