Memorandum of Staircasing

tsears

After some advice is possible, please! I am currently in the process of buying an ex-shared ownership property which is now owned outright by the current owner. 
The memorandum of staircasing was never registered with the land registry which my solicitor has been questioning. We have had confirmation from the leaseholder and housing people to say that it's owned 100%, but my solicitor really wants this document registered. 

The problem is that the seller has lost their copy of the document and the solicitor who dealt with the purchase on their behalf is no longer active. 

Is there any way to resolve this? It's something I'd like registered properly as I would not want to face this issue when I come to sell later down the line or is this always likely to be an issue with this property? Also, at some point, I'd be looking to convert it from a leasehold to a freehold so I'm guessing this would also stall without this document?

Thanks in advance!  

SDLT_Geek

tsears said:

After some advice is possible, please! I am currently in the process of buying an ex-shared ownership property which is now owned outright by the current owner. 
The memorandum of staircasing was never registered with the land registry which my solicitor has been questioning. We have had confirmation from the leaseholder and housing people to say that it's owned 100%, but my solicitor really wants this document registered. 

The problem is that the seller has lost their copy of the document and the solicitor who dealt with the purchase on their behalf is no longer active. 

Is there any way to resolve this? It's something I'd like registered properly as I would not want to face this issue when I come to sell later down the line or is this always likely to be an issue with this property? Also, at some point, I'd be looking to convert it from a leasehold to a freehold so I'm guessing this would also stall without this document?

Thanks in advance!  

You could ask the landlord, as they should have a copy.

tsears

Does anyone have any advice on this situation? I’ve just had the below from my solicitors regarding the missing memorandum of staircasing: 

“The sellers solicitors have advised that the solicitors that acted for the seller at the time of proceeding with the staircasing, have since closed down and they have not been able to trace any records of the Last sellers signed memorandum.

The seller's current solicitors have therefore advised that they are not able to apply to register the

memorandum as they do not hold a full signed and dated copy. They have contacted the landlord's regarding this, who hold only their signed copy, which is also undated.

However, the landlord's have provided specific written confirmation in writing that the staircasing has been completed up to 100%, please see attached letter.

Please therefore be aware that as matters stands, the official copies of title to the property do not record that the staircasing has taken place.

We would advise that you retain all of the attached documents and information which provides the

confirmation from the landlord of the staircasing, as when you come to sell the property in the future, it is likely that a potential purchaser may raise this same enquiry”

Would the above be enough to prove the sale further down the line? 

Many thanks,
 Tom 

Altior

This is what I received from my conveyancing solicitor.

Following completion and registration at HM Land Registry I enclose a copy of your registered title for your information.  I also attach a copy of your Memorandum of Staircasing and Deed of Substitution for your records, which may be required in the event of a sale of the property.

Please note that our file relating to your transaction will now be placed into **** storage system and will be retained there for a minimum period of 7 years in accordance with guidelines laid down by the Law Society concerning the retention of clients’ files.  We are unable to keep all files for an unlimited period and therefore do reserve the right to destroy the file record after that period of time.

I filed this in my email account, as most people would with such important communication. So there must be a chance the recipient has an electronic communication, with attachments. Perhaps worth a search, even if they aren't aware that they saved it. However, as this only came to me when it was successfully registered, is it possible that it doesn't exist, since it sounds like it wasn't registered? 

If it exists, and within 7 years, it must be somewhere, even if the solicitor has closed down.

Good luck with the hunt. 

tsears

Altior said:

This is what I received from my conveyancing solicitor.

Following completion and registration at HM Land Registry I enclose a copy of your registered title for your information.  I also attach a copy of your Memorandum of Staircasing and Deed of Substitution for your records, which may be required in the event of a sale of the property.

Please note that our file relating to your transaction will now be placed into **** storage system and will be retained there for a minimum period of 7 years in accordance with guidelines laid down by the Law Society concerning the retention of clients’ files.  We are unable to keep all files for an unlimited period and therefore do reserve the right to destroy the file record after that period of time.

I filed this in my email account, as most people would with such important communication. So there must be a chance the recipient has an electronic communication, with attachments. Perhaps worth a search, even if they aren't aware that they saved it. However, as this only came to me when it was successfully registered, is it possible that it doesn't exist, since it sounds like it wasn't registered? 

If it exists, and within 7 years, it must be somewhere, even if the solicitor has closed down.

Good luck with the hunt. 

Thank you, it's been a nightmare. I have been chasing this for the last month and the closest they can get is a letterhead signed by the housing association. I'm really not sure what to do as I really want the place but don't want to have trouble selling it further down the line. Apparently, they have looked everywhere, but I'm sure you'd keep such an important document. Each party has a copy of the memorandum but only with their own signature and not dated. I know they own it 100% but its a massive put-off if it's not registered with the land registry

pivnice24

Hey! I'm currently purchasing a flat and seem to have the same issue. No one has the memorandum of staircasing and the original management company has closed down. Peabody are now the freeholder but they say they won't sign a new one as they weren't privy to the original memorandum of staircasing. Any help or suggestions would be greatly appreciated. Did you find a solution for yours?
I'm a month out of my mortgage expiring and right now no one seems to have a solution.

pivnice24

tsears said:

Altior said:

This is what I received from my conveyancing solicitor.

Following completion and registration at HM Land Registry I enclose a copy of your registered title for your information.  I also attach a copy of your Memorandum of Staircasing and Deed of Substitution for your records, which may be required in the event of a sale of the property.

Please note that our file relating to your transaction will now be placed into **** storage system and will be retained there for a minimum period of 7 years in accordance with guidelines laid down by the Law Society concerning the retention of clients’ files.  We are unable to keep all files for an unlimited period and therefore do reserve the right to destroy the file record after that period of time.

I filed this in my email account, as most people would with such important communication. So there must be a chance the recipient has an electronic communication, with attachments. Perhaps worth a search, even if they aren't aware that they saved it. However, as this only came to me when it was successfully registered, is it possible that it doesn't exist, since it sounds like it wasn't registered? 

If it exists, and within 7 years, it must be somewhere, even if the solicitor has closed down.

Good luck with the hunt. 

Thank you, it's been a nightmare. I have been chasing this for the last month and the closest they can get is a letterhead signed by the housing association. I'm really not sure what to do as I really want the place but don't want to have trouble selling it further down the line. Apparently, they have looked everywhere, but I'm sure you'd keep such an important document. Each party has a copy of the memorandum but only with their own signature and not dated. I know they own it 100% but its a massive put-off if it's not registered with the land registry

Hey! I'm currently purchasing a flat and seem to have the same issue. No one has the memorandum of staircasing and the original management company has closed down. Peabody are now the freeholder but they say they won't sign a new one as they weren't privy to the original memorandum of staircasing. Any help or suggestions would be greatly appreciated. Did you find a solution for yours?

I'm a month out of my mortgage expiring and right now no one seems to have a solution.