Land Registry charges attached to old lease/title

Sallybg

We bought our flat with a mortgage in 2016, with an old lease which then had only just over 80yrs left, knowing that new leases (not extensions)were being issued.
We signed our new lease a few days after moving in.
We are now trying to remortgage the flat in order to let it out and buy a house, and our conveyancer has discovered that we hold two titles to the flat, one for the old dates which was never merged/surrendered/killed off and that the mortgage charge is attached to the old title/lease dates (which now only has 76yrs on it but the lender has never queried (not sure how that would flag to them?)).
Added complication that we are trying to complete on new purchase in three weeks' time.
We've been advised that this existing mortgage should be moved to the new lease and that the Land Registry would assist with this.
This old mortgage will be paid off and the new one is with a different lender during the purchase process.

Is moving the existing mortgage to the new title the best thing to do?
Would the new lender automatically attach the new mortgage to the old or the new title?
How long is this likely to take?

I can't find any advice online so thank you in advance. 

silvercar

Try posting on this thread, where a helpful rep of the Land Registry will know more on the procedures necessary.

https://forums.moneysavingexpert.com/discussion/5685941/land-registry-questions#latest

loubel

Usually when extending a lease or otherwise creating a new one you would surrender the old one in the new Lease and be left with just the new one. But you state that you didn't extend your Lease until after completion of the purchase, so it makes sense that your mortgage would have been charged on the old title as the new one didn't exist when you bought. We can only speculate as to why or whether the lender was aware.

The solicitor dealing with your planned remortgage should be able to surrender the old lease when they pay off your old mortgage and register the new one against the newer lease though. Assuming there's no specific reason behind the two titles rather than it having been a mistake. You'll likely have to pay the remortgage solicitor extra to deal with it though.