Missing head lease how to locate?

Lishah

I recently posted regarding my situation as a first time buyer. The property is a freehold but also has a head and sub lease. 

The information for head lease is missing, the owners know nothing of it. 

Is there anyway of tracking this or finding a record of this myself?

propertyrental

Best to stick to one thread

https://forums.moneysavingexpert.com/discussion/6417000/freehold-and-leasehold-house#latest

eddddy

Lishah said:

I recently posted regarding my situation as a first time buyer. The property is a freehold but also has a head and sub lease. 

The information for head lease is missing, the owners know nothing of it. 

Is there anyway of tracking this or finding a record of this myself?

Can you clarify what you mean?

For example, when you say "The information for head lease is missing, the owners know nothing of it." .... by 'owners' do you mean...

• The owners of the headlease, or 
• The sellers. i.e. the owners of sublease (i.e. the people that you're buying from)

The owner of the headlease will be the seller's landlord...

• So are you saying the sellers don't know who their landlord is?

• Have the sellers ever received ground rent bills? (They would come from their landlord.)

• Do the sellers have a copy of their own sub-lease? (That would show the name of the original owner of the headlease, but it could have changed ownership since.)

As I mentioned in your previous thread, this might not be a barrier to Statutory Enfranchisement - which would probably 'cancel' the headlease.

EssexHebridean

Sub lease should have the title number of the head lease it is granted out of, surely?  With that it should be possible to get a copy from the Land Reg. If it’s not lodged there then they may have a note on file as to the  reason for this. 

Lishah

I asked the solicitor where they got the information regarding a head lease and sub lease. They said in the property register it says-

(29.05.1970) Short particulars of the lease (s) (or under-lease (s))

under which the land is held:

Date

: 29 June 1938

Term

: 99 years (less 3 days) from 25 March 1936

Where it says ‘less 3 days’ it means that there is a head lease above this. 🤷‍♀️ 

I am just lost as to the complications of it. I’m sorry if i sound confused or I am making my points to sound confusing. 

They r trying to get a bespoke indemnity insurance now. What that covers is something else i need to look into. 

propertyrental

Date
: 29 June 1938
Term
: 99 years (less 3 days) from 25 March 1936

If that is what you are buying - don't! In 13 years you will own nothing.

Lishah

propertyrental said:

Date
: 29 June 1938
Term
: 99 years (less 3 days) from 25 March 1936

If that is what you are buying - don't! In 13 years you will own nothing.

We are suppose to be buying the freehold to the property also. Will that make any difference?