Freehold, headlease help!

patie123

Hiya,

I’ve just got the opportunity to purchase my freehold and have got a letter saying that there is an unregistered headlease interest. They said they are unable to determine who it is as it is not registered with the Land Registry.
They said there may be clauses I have to comply with even after purchasing the freehold.
I have rang them to say I don’t understand and they said that I would be a majority owner when owning the freehold and that there isn’t any way of finding who it is and they may not even know they hold it. It was done in 1938.

I’m still struggling to get my head round it.
Could anyone explain it in normal terms and would you go ahead with the purchase of the free hold?

Thanks!

Tom99

Have you downloaded the freehold title?
Does that contain some basic info re the headlease? If so how does that compare with your own sub-lease? eg expiry date.

patie123

Jesus I have no idea!! It was the company who collects our ground rent that gave us the option to buy it. Can I do that? How would I go about it?x

G_M

Pay £3 for each Title:

Freehold
Headlease (if unregistered won't be there)
Sublease

https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do


As leaseholder, you must abide the termsof your lease which the (missing!) headleaseholder could enforce. You must also pay the headleaseholder any ground rent specified in your lease.


As freeholder, you can claim any ground rent due from the headleaseholder, as specified in the (missing) headlease. You can also enforce any terms in the headlease.

Tom99

What date does your lease expire?

TrickyDicky101

That raises an interesting question of on what basis this management company is collecting the GR: if as stated the headlease is missing, why does the freeholder (via the management Co) have a claim to GR on the sublease?