Buying flat. Lease have missing pages

ale2007

hi

I am trying to buy shared ownership property but I found out now that some of the pages on the lease are missing. It is flat in block of flats build in 2007.
The lease does not have all pages. We contacted Land registry, seller solicitors and housing association solicitors and everybody has exactly the same copy with missing pages.
We have obtained copy of lease of flat next to it but my solicitor said that it is of no use and lender will not accept it.

We have obtained copy of lease of flat next to it but my solicitor said that it is of no use and lender will not accept it.

My solicitor says that defective lease with indemnity insurance may deter potential buyers in the future. My solicitor is also unable to say if a potential purchasers mortgage provider would accept the defect with insurance in the future as each mortgage provider is different and mortgage providers requirements change over time.

My solicitor says that rewriting new lease, so Deed of Variation to the original lease to include missing information may be expensive and may take months to resolve.


Please advice

davidmcn

ale2007 wrote: »

My solicitor says that rewriting new lease, so Deed of Variation to the original lease to include missing information may be expensive and may take months to resolve.

Nevertheless, it's the only proper way of sorting it. No reason why it should take months, I presume there isn't any argument about what the missing pages were meant to say.

marksoton

I'd be targetting the HA to get their act together.

An incomplete lease is very poor form from them.

AdrianC

I presume the HA are the freeholder?

Chelsea__Thomas

You're buying the property? Put it all on hold until the freeholder provides a fully complete lease. If you haven't purchased the property at this point, this isn't your problem but is your right to have all the documents full and complete.

Hoploz

The freeholder will have the original lease. The seller will have to get a copy of it. There's no need for deeds of variation etc, all unnecessary.

I wonder whether all the flats in the block have the pages missing, or whether others have a complete copy? Maybe seller could simply ask neighbour for a look. But the seller needs to get it from the freeholder. Simple as that.

ale2007

No I have not bought it yet, but I have already spent £2500 on all fees.

In particulars document is says that landlord is housing association. Does this mean that they are freeholder?


I cannot believe how all those people involved owner solicitors and HA were ignorant and did not noticed missing pages.
Does this mean that nobody actually read the lease?

Mokka

ale2007 wrote: »

I cannot believe how all those people involved owner solicitors and HA were ignorant and did not noticed missing pages.
Does this mean that nobody actually read the lease?

Yes! Nobody reads the lease, I am absolutely amazed your solicitor did! You should advertise his services

The Housing Association will be the freeholder. Some HA's took over housing stock from Councils, but these are usually not Shared Ownership, so yours was probably new-built.

Find out who the HA is and pester them (it is the seller who should pester them, but perhaps he doesn't care as much as you do). Somewhere in the HA's officer there MUST be the correct version of your lease.

HA's usually charge leaseholders for assignment of leases, so they have no excuse for not providing the correct documentation to the seller.

ale2007

I have not seen the lease from the flat next door, they said that they do not want to send it to me for data security of personal details balabla..
But my solicitor said that the next door lease is of no use.

In the T& C from my solicitor there is clause they they will keep my documents for 6 years. Is this standard practice?
The HA is Wandle Housing Association but I do not have details to anyone specific.
I am just wondering how long the Wandle solicitors will keep the documents.

Mokka

ale2007 wrote: »

I have not seen the lease from the flat next door, they said that they do not want to send it to me for data security of personal details balabla..
But my solicitor said that the next door lease is of no use.
Leases can be different for each flat. This is inconvenient for the landlord, so many social landlords have policies to keep the leases in a block the same. But you cannot count on it.

In the T& C from my solicitor there is clause they they will keep my documents for 6 years. Is this standard practice?
yes it it
The HA is Wandle Housing Association but I do not have details to anyone specific.
I am just wondering how long the Wandle solicitors will keep the documents.

HA must have the copy of the lease- how else they can prove that they can recover any service charges from the leaseholder? It is in their interest to have the lease.

Hoploz

This is the sellers problem. You cannot deal with the freeholder until you have bought the property as you have no relationship with them. The seller needs to sort this out as currently the property is unsellable.