Lost Lease on Shared Ownership House - very worried

DuvetHound

Hello,

I am currently assisting my dad in selling his shared ownership property bought back in 1989. It has come to light that the Land Registry do not have a copy of the lease.

My dad remembers sending the lease back to his solicitor back when he purchased, therefore doesn't have a copy. I discovered that the original solicitor went AWOL and is now wanted for fraud. I have contacted the company that took over from them, they have nothing relating to the property at all. I have contacted the lender but have not heard back. Our solicitor has contacted the housing association (now Amicus Horizon - originally, local council), they have not confirmed they have the lease although I don't hold out much hope.

The title says that my dad has the right to purchase the freehold through back-to-back staircasing. We intend to sell 100% of the property (Freehold) and have a buyer.

My solicitor has never encountered a situation where a lease cannot be found - particularly for a house. Has anyone been in this situation?

I am desperate to get the house sold as it is seriously effecting my dad's mental health. At the moment it feels like a curse that we cannot get rid of. I have spent all my savings getting us this far and am terrified that it will all fall through and we will be left with this 'thing' that prevents my dad from getting on with his life.


Thank you.:)

Land_Registry

DuvetHound - I had refrained from posting until now simply because you have presumably already been in touch with us, hence your knowing that we do not hold a copy of the lease.

In the absence of any other posts though and in light of the obvious concern this is causing I felt the following might offer you some 'next steps' or reassurance.

The landlord, namely the Housing Assoc will hopefully be able to trace an appropriate record or copy

Although your solicitor has not encountered this before it can and does happen

If the lease cannot be located then one option is to create a new one although this would require legal advice as well as the cooperation of the landlord and lender - you refer to it being a shared ownership lease with the appropriate stair-casing and your father having the right to purchase the final shares. If he has purchased the remaining shares then this may make it easier for him to resolve as in essence is a new lease needed?

If you can clarify the position re the 100% aspect and push the landlord for a confirmation or otherwise then others may be able to add a little more advice to the thread from actual experience or professional expertise

DuvetHound

Thank you for your reply. I am relieved to hear that these things do happen.

My dad currently owns 25% of the property. We have the Title which states that he has the right to return the property to Freehold upon the purchase of the other shares. When we spoke to Amicus, they said that this would not be a problem and could happen on the sale of the property.

According to Amicus, my dad has the 'old style lease' which allows my dad to sell on the open market, purchase shares at a discounted value and of course, purchase the freehold. That said, I believe that they do not have a copy of this lease...

The property was orginially shared with the local council, they then sold these properties onto Amicus.

Land_Registry

DuvetHound - I would keep pressing Amicus and the local council on this. I know you say you 'believe' they don't have a copy but you need to get that confirmed and then consider whether a new one needs to be created.

DuvetHound

Thank you for your input on this. I have called the lender and they have given me a different address to send a letter to. I just home they see the urgency of the situation. The mortgage ends in April, it is interest only as the endowment policy was meant to pay it. This obviously had a shortfall of thousands. Unfortunately the lender has already extended for a year.