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Land Registry: Restriction owner will not respond
martinsolan
Posts: 1 Newbie
Dear MSE,
We have a buy-to-let property which is mortgaged, and we wish to remortgage to a new deal now that our redemption period has ended on the existing mortgage. Our mortgage solicitor tells us we cannot proceed without the freehold proprietors permission, but the proprietor has ignored all correspondence, including a hand-delivered note to ask she makes contact either with me or with the mortgage company directly. What can we do, we are now stuck with an uncompetitive mortgage and seemingly are stuck with this for life? Surely this cannot be, we are seem to be at the mercy of the proprietor?
The text on the title deeds reads:
RESTRICTION: No disposition of the registered estate by
the proprietor of the registered estate or by the proprietor of any
registered charge, not being a charge registered before the entry of
this restriction, is to be registered without a written consent signed
by the proprietor for the time being of the estate registered under
title number WT253559 or their conveyancer.
How do we proceed, it seems grossly unfair and the way we finance the property would seem to be irrelevant as it has no impact to anyone.
Advice much appreciated,
Mart
We have a buy-to-let property which is mortgaged, and we wish to remortgage to a new deal now that our redemption period has ended on the existing mortgage. Our mortgage solicitor tells us we cannot proceed without the freehold proprietors permission, but the proprietor has ignored all correspondence, including a hand-delivered note to ask she makes contact either with me or with the mortgage company directly. What can we do, we are now stuck with an uncompetitive mortgage and seemingly are stuck with this for life? Surely this cannot be, we are seem to be at the mercy of the proprietor?
The text on the title deeds reads:
RESTRICTION: No disposition of the registered estate by
the proprietor of the registered estate or by the proprietor of any
registered charge, not being a charge registered before the entry of
this restriction, is to be registered without a written consent signed
by the proprietor for the time being of the estate registered under
title number WT253559 or their conveyancer.
How do we proceed, it seems grossly unfair and the way we finance the property would seem to be irrelevant as it has no impact to anyone.
Advice much appreciated,
Mart
0
Comments
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Doesn't your solicitor know what other options there might be? I presume there would be a court remedy.0
-
What does the lease say about landlord consent? The restriction has almost certainly been added to protect a covenant in the lease which requires landlord consent ‘to charge’
This is likely to be a convent providing the landlord not to unreasonably withhold consent. If that is the case, which is likely, and they fail to respond within a reasonable time (A couple of weeks) then you may have a claim against the landlord - Next step is to check the lease0
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