lost / missing leasehold deeds

stingrayj

some advice please

I've accepted an offer on my property (leasehold flat in a council-owned block). Obtaining the leasehold deeds is proving very difficult because

1 the Land Registry do not have a copy, it seems it was never registered with them
2 Lambeth Council have only provided a tenant's copy of the Leasehold deeds
3 The solicitor (sole practitioner) who dealt with the original purchase has since died

The buyers' solicitors are insisting on having a copy of the landlord's leasehold deeds, or counterpart.

How easy is it to get another copy of the lease drawn up? This has now been dragging on for six weeks and I'm worried that we'll lose the sale. Lambeth council seem to be unable to come up with whats needed.

thanks !

Land_Registry

How long have you owned your flat?
I assume that as it is not registered that you have done so for some time and the buyer is essentially asking for additional proof re the landlord's ability to grant the lease. Is the freehold also unregistered then?

The council are unlikely to have any 'landlord's deeds' as such as legislation around council stock normally relies on a certificate of title whereby they state under what legislation they are in effect the owner.

In the circumstances your solicitor should be able to explain what is required to prove that you own the leasehold title to the property. It is also important to understand exactly what it is that the buyer is insisting on as it is proof of your legal ownership they require.

Whilst the option to draw up a fresh lease with the council and then voluntarily register it may be an option to discuss with your solicitor and the council if that is the route you have to go down then this is likely to take some time I would imagine.

stingrayj

sound advice thanks.

Yes, the flat was bought 14 years ago.
Yes you are right the council have just confirmed they do not have a 'landlord's copy' of the lease deeds. A woman in the office said she has never been asked to provide one before (in 10 years she has worked there).


1 asking for additional proof re the landlord's ability to grant the lease.

Well the flat is in a block of 95 flats. Only five or so are privately owned. Lambeth Council still manages the block and has always done so. Forgive me, but why wd Lambeth not be able to grant the lease?


2 Is the freehold also unregistered then?

Lambeth own the freehold.

All advice appreicated! thanks

Land_Registry

If the flat was bought 14 years ago why was it not registered? - I know the solicitor has died but presumably there were legal documents drawn up with the council to enable the sale to happen?

If Lambeth sold you the flat then presumably a lease existed or was then created to enable the sale to happen?

Sorry for more questions but at the moment it is unclear as to what you actually bought 14 years ago.

stingrayj

thanks. yes we have the tenants copy of the lease deeds. lambeth council also hold a copy.

for some reason the land reg do not have a copy of the Landlord's lease ( I hear there were many lost in the system due to digital transfer so not unheard of).

TrickyDicky101

Did you originally take out a mortgage to buy the property? Of so, what documentation does (or did) the lender hold?

stingrayj

no, cash purchase

Catti

I think reference to Landlord's Lease and Tenant's Lease may be confusing.

There will only be one Lease - signed by the Landlord. The Tenant signs a 'Counterpart' Lease - a duplicate which is then retained by the Landlord. When the Council say they only have the Tenant's Lease, are they in fact saying they only have the Counterpart? That would be correct.

Did you buy the Lease from the Council, or a previous owner? Without a Mortgage, the Lease should have been sent to you on completion.

stingrayj

thanks Catti you are correct, there is only the counterpart. flat was bought from council.

All feedback seems to be that that buyers are being v picky. If they really want a Landlord-signed Lease they can extend on completion.

Catti

As the Council still hold the counterpart, ask them to provide it to the Land Registry so that the Land Registry can then scan it and have it on their records.

stingrayj

good outcome. buyers accepted counterpart ! completed today