We are missing our original Leasehold document!

loubel

The title register shows that you own the property but the terms of that ownership are in the lease. If I am understanding correctly you have a deed of variation (lease extension) which confirms the length of your lease but refers to the terms contained in the previous lease (this is the usual way leases are extended) but have no copy of the original lease containing those terms?

If the land  registry don't have a copy of the original lease (are you sure of this?) and neither do you or the freeholder then that's a serious title defect and the solicitor who acted for you on the purchase should have advised you on this at the time, explained the implications and how they were going to deal with it for you - did they not get an indemnity policy at the time? Do you still have the report they sent you when you purchased?

Jumblebumble

AdrianC said:

If the freeholder doesn't have a copy of it, either, then it's totally unenforceable... because who can produce it in court and say "But it's been breached"?

another issue is there are three enquires that are not life changing that the old lease would answer an my solicitor is stuck on finding the lease that no longer exists

If they aren't in the current lease, they don't apply.

Dangerous advice as the OP can never be sure this will be the case in the future
There is nothing to say that the freeholder will not find the lease if they look a bit harder

GDB2222

charlottexc said:

lfc321 said:

If the freeholders don't have a copy, then they will never be able to enforce whatever conditions were in it anyway.
Sounds like your solicitor's suggestion of an indemnity is the only way to go.

The freeholders hold one original for flat 7 which they use to manage the grounds 

GDB2222 said:

If the lease extension does not have any details in it, you may have a real problem and maybe need to sue the solicitor who advised on the purchase. The lease will, for example, entitle you to use the common parts of the block. Without that, you could in theory be unable to access your flat. It may be a blessing in disguise that the issue has arisen now rather than years in the future. 

bouicca21 said:

lfc321 said:

If the freeholders don't have a copy, then they will never be able to enforce whatever conditions were in it anyway.
Sounds like your solicitor's suggestion of an indemnity is the only way to go.

But the new owner will not be able to enforce conditions either - without the lease neither side can know what their obligations and responsibilities are.  My solicitor would not let me buy without a cast iron guarantee that the lease would be recreated and I find it odd that OP was able to buy without a lease. 

We do hold the title register and the flat grounds handbook which is stated everything that was in the original lease but I know this is not an legal document but surely the title register information can be used to a certain point ? 

I am pretty sure that you will be able to live happily enough in the flat for many years without this impacting on you. Likewise, anyone you sell to. However, is 'pretty sure' good enough for your buyers and their lenders?  Well, you've had your answer to that - no it isn't good enough. 

You may find that the flat is not mortgageable, and the only buyers are cash buyers prepared to take a chance if the price is very low. Or, perhaps the position can be rectified at some cost.

It is possible that your solicitor reported this issue to you when you purchased and you decided to go ahead anyway. Otherwise, it seems likely that you have a claim against the solicitor who acted for you. If the cost of rectification is just an indemnity policy for a couple of hundred pounds, it's not worth pursuing, but I wonder whether it will be that straightforward?

NameUnavailable

If you have a mortgage the mortgage co should have the lease....