General Leasehold Title Deed clauses

JonMitchell

Good afternoon all
I have been browsing the web about leasehold properties and came across the following three clauses, which looks quite common and wonder if anyone can shed some light in regard when a say buy-to-let mortgage is needed to purchase a lease hold property.

i.)  "The Lease prohibits or restricts alienation." - I presume this as it says does not allow letting. Is there any workaround for buy to let mortgages?

ii.) "There are excepted from the effect of registration all estates, rights, interests, powers and remedies arising upon, or by reason of, any dealing made in breach of the prohibition or restriction against dealings therewith inter vivos contained in the lease."

iii.) "Unless otherwise mentioned the title includes any legal easements granted by the registered lease(s) but is subject to any rights that it reserves, so far as those easements and rights exist and benefit or affect the registered land."

What do clause (ii) and (iii) imply and is there any detrimental effect for a buy-to-let mortgage to be taken under these 2 clauses. I fully appreciate this is not a legal forum, but would be interested to know from those already who owned a leasehold property with a buy-to-let mortgage that have such clauses in their title deed.

Thanks  

davidmcn

JonMitchell said:

i.)  "The Lease prohibits or restricts alienation." - I presume this as it says does not allow letting. Is there any workaround for buy to let mortgages?

It's not clear what you're quoting from - it's normal for a lease to prohibit or restrict alienation in some way, but if you want to find out how it restricts alienation, you'll need to read the relevant clause. It doesn't necessarily mean there's a problem with granting tenancies.
The other clauses you've quoted are just boilerplate stuff saying that the lease doesn't change existing rights/obligations, nothing to do with BTL.

JonMitchell

davidmcn said:

JonMitchell said:

i.)  "The Lease prohibits or restricts alienation." - I presume this as it says does not allow letting. Is there any workaround for buy to let mortgages?

It's not clear what you're quoting from - it's normal for a lease to prohibit or restrict alienation in some way, but if you want to find out how it restricts alienation, you'll need to read the relevant clause. It doesn't necessarily mean there's a problem with granting tenancies.
The other clauses you've quoted are just boilerplate stuff saying that the lease doesn't change existing rights/obligations, nothing to do with BTL.

Thanks davidmcn.
I have attached a screen shot of the two leasehold title deeds that I saw. Please accept my apologies for blanking out the personal data information in blue but the clauses of query can be seen in these 2 screenshots of two different title deeds.
I just want to clear this thought to see if there is any implications for me as well as from mortgage lender before getting into my first ladder with a BTL mortgage.
Title Deed A:

Title Deed B:

davidmcn

Ok, that's just a summary of some relevant points in the lease. You still need to read the Lease itself.

JonMitchell

Ahh, I see. I purchased the lease title deeds from Land Registry though there are only
a.) Property Register
b.) Proprietorship Register
Nothing else being expanded after these 2 sections. Unless the title deed I purchased off Land Registry website are just summaries/abstract/extracts? 
  

davidmcn

JonMitchell said:

Ahh, I see. I purchased the lease title deeds from Land Registry though there are only
a.) Property Register
b.) Proprietorship Register
Nothing else being expanded after these 2 sections. Unless the title deed I purchased off Land Registry website are just summaries/abstract/extracts? 
  

Yes, like I said it's just a summary. You need to get a copy of the original lease, as you're probably missing 20+ pages of other stuff.