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find out Lease year left on a leasehold flat?

GUNGAABAYAR
Posts: 28 Forumite
Hi
when I asked how many years lease left on the flat Im after then EA didnt say exact year , but said like over 70 or over 80. Then I went to land registry website , paid £3 and retreived Title Register of the flat.
Under A: Property Register there is a clause below
2. (12.05.1998) Short particulars of the lease(s) (or under lease (s)) under which the land is held :
Date : 1 October 1981
Term : 125 years from 1 october 1981
Rent : Peppercorn and service charge
Parties : XXXXX
does it mean the lease year left is [125 - (2013-1981)] = 93 years?
can anybody give me advice on it please
cheers
when I asked how many years lease left on the flat Im after then EA didnt say exact year , but said like over 70 or over 80. Then I went to land registry website , paid £3 and retreived Title Register of the flat.
Under A: Property Register there is a clause below
2. (12.05.1998) Short particulars of the lease(s) (or under lease (s)) under which the land is held :
Date : 1 October 1981
Term : 125 years from 1 october 1981
Rent : Peppercorn and service charge
Parties : XXXXX
does it mean the lease year left is [125 - (2013-1981)] = 93 years?
can anybody give me advice on it please
cheers
0
Comments
-
Your calculation is correct - 93 years left
The details on the register represent those provided in the original lease when the flat was granted. This enables the register and lease to be read as one when identifying the crucial details re extent, ownership and so on“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0 -
Thank you very much.
another query please.
When I enter the flat address in Land Reg there are two tenure come out which are Freehold and leasehold. Under leasehold tenure it is individual tittle reg for the flat Im after. But Under {tenure: Freehold } there are 5 flats which are all in the block where the flat Im after in.
It seems like that block was built by a development corporation and then transferred to the local council after 10 ish year. 3 of them are still freehold and no sell price shown. (still belong to council I think) and rest 2 (including mine ) seem like were sold to someone.
there are clause under Schedule of notices of leases
1. 06.10.1988 {a flat address here} 19.09.1988 BMXXXX
1 (part of) 125 years from 19.9.1988
2. (part of) {address of the flat Im after} : 01.10.1980 BMXXXX
125 years from 1.10.1980
2 questions on it please
Q1. as for the flat Im after : why the start of the lease year in the tenure freehold title reg is different than the year in tenure leasehold title register. one is 01.10.1980 and another one is 01.10.1981
Q2. This two flats are in the same block so why the starting lease year is different? Im thinking the year the flat was first sold to someone is the lease starting year. But not sure
many thanks for your answer,
very happy MSE having you here
cheers0 -
Q1 - only the details of the papers lodged at the time would answer this one. My immediate reaction would be a typo but without checking the actual copy of the lease we should have on record we could not be sure
You can query it using our online Contact form which is not a public forum so you can add the address/title number details and ask for confirmation. That can also lead to the title being amended as appropriate.
Q2 - it will, as you suggest, often depend on time of sale. What factors decide this won't usually be known by us as our role is to register the lease as lodged. But having different dates is not unusual at all“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0 -
Under A: Property Register there is a clause below
2. (12.05.1998) Short particulars of the lease(s) (or under lease (s)) under which the land is held :
Date : 1 October 1981
Term : 125 years from 1 october 1981
Rent : Peppercorn and service charge
Parties : XXXXX
does it mean the lease year left is [125 - (2013-1981)] = 93 years?
This is actually quite unusual. In most cases you would find the date of the lease after the commencement date of the term and this can cause confusion. In your case the dates were messy and all started at different times. This can happen but is not best practice.
Most builders' solicitors would come up with a commencement date for the term like 1st October 1981 and actually be selling the flats with completion dates through November 1981 to the summer of the next year. They have the same commencement date so the leases all end at the same time, to save issues in 125 years time!
Occasionally with say a converted property there is a long delay between dates and the same commencement date is used. So builder does first conversion in October 1981 and lease is for 125 from then but there is a tenant in one of the flats and this isn't sold off until 2004 with a lease that is still 125 years from 1st October 1981. So that lease has 92 years left now.
Trouble is a case like I've just described people too easily assume that the 2004 lease has 125 years from 2004! Wrong!RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0
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