Part leasehold/part freehold query

inca1000

The property originally had two leases, a head lease and underlease (for the tenant). The headlease is for 99 years and the underlease for 99 years less 3 days. The previous owner's solicitor organised the purchase of the freehold, solicitor used form TP1 but there is only mention of the underlease on the form and no mention of the headlease. So purchased the freehold for the underlease (99 years less 3 days).

Therefore, there is a 3-day lease still standing which ends in 2054 when the 99 years has passed. The title shows part freehold and part leasehold.

We want the property to be 100 % freehold.

We are getting no answers from land registry or the previous owner’s solicitor on how to proceed to enable the property to be 100% freehold. We have written to the Leasehold advisory service but believe it may be some time before we receive a reply.

The leaseholder of the headlease no longer exists.

 Any advice on how to proceed, thank you in advance?

Land_Registry

So you owned the Underlease and then bought the Freehold Or you bought the Freehold and Underlease as one. And there’s a Head Lease still in play between the two. 

You then state that the head leasehold owner no longer exists so did their lease come to an end at that point as their lease says so and if not who is their executor, assuming they died? 

As far as guidance from us goes IF the head lease has come to an end (determined) then you’d apply to cancel it 
https://www.gov.uk/government/publications/leases-determination
The key though is ascertaining how in law that has happened first so you need legal advice 
The previous solicitor won’t help unless you ask them to act for you. They’ve done the but they were employed for after all.
We, HMLR, can’t give you legal advice which is what you need. We can tell you how to apply to shut the head lease down but you need to know in law if that’s actually happened and be able to prove it 
I’m unsure if the LAS will be able to help too much as you’ve already bought the freehold. But would be interested to read what advice they respond with 

inca1000

The headlease was between the council and a  housing assocication who originally purchased the land, the underlease was between the housing association and a tenant who was a member of the the housing association who assisted in builing the properties at the time (11 properties) and stayed in one of the properties whilst they were being built.

We have spoken to a different member of the housing association who still lives in one of the properties and he said the housing association no longer exists. 
Would a letter from a member of the housing association who stil lives in one of the properties be sufficient as evidence/proof to cancel the lease?

Thanks for all your help.

inca1000

All we are aware is there was a headlease and underlease and the previous owner wanted to purchase the freehold. Her solicitor did not purchase the headlease and therefore there is 3 day discrepancy in 2054.

AdrianC

The HA themselves may not exist any more, but their assets will have been transferred to another organisation. That's very likely to include the benefit of the headlease.

Land_Registry

A letter of the type suggested would not be sufficient. Whilst things can cease to exist the same doesn’t apply to the legal interest created by the head lease, as AdrianC posts. 

You need to establish what’s happened in law re the head lease