Selling property: lease defect and missing docs

Three_Beans

Hi all,

Forum has provided lots of valuble info over the years and now really need some help as loosing my sanity a little. Try and keep this as brief as I can..

Currently selling a leasehold flat that I purchased myself in 2011 as a first time buyer

Conveyancing process seemed to be going fine until today. The buyers solicitor has come back with a series of problems:

1) Defect in the lease which will need to be rectified with a formal variation - asked more specific details on the defect but my solicitor agrees that the defect is present and they are right to raise it.

2) Documents missing that were never passed to me - building regulation approval, planning permissions, buildings insurance certificate and freeholding company share certificate.

3) Most worryingly the actual deeds seem to be missing. I was under the impression that mortgage company held them but they have let my solicitor know that they dont have them and neither do I.

Now obviously my first port of call is was my original solicitor from 2011 to understand what documents they may still be holding. Of course my actual previous contact has now left the firm so I am trying to get a new contact to work with.

Does anyone have any advice on how best to proceed with my previous solicitor and where I actually stand. Missing the defect in lease I am guessing is plain incompetence but can I ask them to cover the costs estimated to be upto £1k?
As for the missing documents, I assume these same documents should have been collected when I purchased the property so fingers crossed they have copies.
The deeds are another story and will have to see what they come back with.

Just want to keep everything moving.
Thanks for any thoughts and tips on how to move forward

Cheers!

eddddy

A few comments...

Buildings Insurance Certificate - as buildings insurance is renewed each year, a certificate from 2011 is of no use. The freeholder/managing agent will have the current year's certificate.

Building regs / Planning permissions (if any) - these will be available from the local authority

Freehold co share certificate - I would imagine that they can issue a new one (perhaps for a nominal fee)

Deeds - if you bought in 2011, the property will be registered with Land Registry, and they should have an electronic copy of the deeds. The original paper deeds may be an interesting historical document, but you don't need them.

TrickyDicky101

eddddy wrote: »

Deeds - if you bought in 2011, the property will be registered with Land Registry, and they should have an electronic copy of the deeds. The original paper deeds may be an interesting historical document, but you don't need them.

Agreed - although is it possible that the deeds to the freehold is what is missing - if, for example, the freehold hasn't changed hands in the last 27 or so years (as it has been owned by the 'freehold company' all this time)?

Three_Beans

Hi edddy,
Really appreciate your input and helping put my mind at ease - especially on the deeds as the info has been quite confusing. I provided my solicitor with the official tile change document from the land registry from when I purchased the property so will followup on why they need the paper deeds.
The property was a repossession when I purchased it so I am guessing the deeds may not have been recovered from the original defulting owner and purchsed processed with land registry docs only.

Feeling more positive now so thanks again..

eddddy wrote: »

A few comments...

Buildings Insurance Certificate - as buildings insurance is renewed each year, a certificate from 2011 is of no use. The freeholder/managing agent will have the current year's certificate.

Building regs / Planning permissions (if any) - these will be available from the local authority

Freehold co share certificate - I would imagine that they can issue a new one (perhaps for a nominal fee)

Deeds - if you bought in 2011, the property will be registered with Land Registry, and they should have an electronic copy of the deeds. The original paper deeds may be an interesting historical document, but you don't need them.

TrickyDicky101

Did you require a mortgage when you purchased in 2011?

Three_Beans

TrickyDicky101 wrote: »

Did you require a mortgage when you purchased in 2011?

Hi, yes the property is mortgaged
The mortgage company has confirmed they do not retain any documents for the property, they were just supplied copy of the title registration etc

Cheers

Land_Registry

eddy seems to have covered it and I can't see why they would be interested in the 'actual deeds' although I don't think we know yet what you/they mean exactly?
It is very unlikely to be for the freehold (unless that is unregistered?) but even if it were and your title was 'Title Absolute' (see B Reg of register entries they would not be required - is this where the issue lies perhaps in the class of title you have?

And if there is a defect in the lease re say the extent being leased then this may take some time to actually register - what is the defect as timescales can be important re a sale?

Three_Beans

Hi,

Thanks for the info.
So manged to beat some sense out of at least one party of solicitors and confirm the deeds were not an issue - what they meant was the other missing documents would be expected to be with the paper deeds but the deeds themselves hold no purpose - give me strength!

The lease variation to correct the defect has been provisionally estimated to take approx 6 weeks pending the freeholders willingness to cooperate.
The defect is relation to the parking space allocated to the flat in question - problem 1 being the wording of the lease indicates that the owner has a right to use the space (which theoretically could be revoked) while other text infers a right of ownership of the pace. Problem 2 is the map illustration of the car park is mean to highlight the the full carpark area in red and the allocated space in black. Reality is the actual map shows the pace in red and there is no markings for the overall carpark boundry.
My solicitor agrees the real impact of the defects is negligible but they certainly should have been found when I bought the flat and at least raised to me a concern.

Thanks again for taking the time to reply before - very much appreciated.

Cheers

Land_Registry

That's a relief then re the deeds aspect

As far as the variation goes the key from a timescale perspective will be whether the parking space is included in the title or not. If it is and the variation is changing that in some way then the registration will take longer so 6 weeks would be too short an estimate.

If it is simply changing things around the rights to use it or just clarifying it then that is more likely to fit the timescale.

6 weeks still seems tight if you mean freeholder plays ball and then registered and much depends who is acting for the freeholder I suspect.
When lodging it with us it will be worth pointing out the urgency around the linked transaction and then chasing it if need be a week later just to see what timescales are then in play.