Lease extension

youth_leader

Hello, my 87 year old aunt lives 400 miles away from me on the IOW.  She is in a leasehold flat and has just told me she wants to go into assisted living, which will involve selling her flat.

I asked her how many years there are on her lease and she isn't sure - and thinks her solicitor holds her lease?  

I've had a look at land registry and can only download the Title and Plan, the lease isn't there.

Does anyone know if she should have her lease?  I'm going down on Friday to see her and could search for it.  Her solicitor is her executor upon her death.

Thank you.

user1977

Well, given she thinks her solicitor has it - has anybody asked her solicitor what they hold? It's quite likely they do...

Officer_Dibble

Not sure why you'd leave the lease with a solicitor - I always had a copy when I was in flats. They're a fascinating read on a dull evening. My neighbours in one block all had them too - some had a clause about not hanging reptiles from the balcony in their leases, which was disappointingly missing from mine.

Is there still a mortgage on the flat - the bank might have a copy. The freeholder will too - I had one supplied by the freeholder not the vendor for my first flat purchase (which is another story - they included a lease for a garage I didn't even know I was buying. Neither did the vendor. Result!)

propertyrental

youth_leader said:

.....

I've had a look at land registry and can only download the Title and Plan, the lease isn't there.
.....

You say it isn't there, but what do you mean? The leasehold Title and Plan will be there and available to download (£3 each) and the Leasehold Title is likely to mention the lease, and possibly its start date and length.

And the LR may well have a copy of the lease itself - usually indicated by the words 'Copy filed' or similar.

You can apply for a paper copy of the lease (if they have it) using Form OC2 (£7) here:

https://www.gov.uk/government/publications/official-copies-of-documents-registration-oc2

youth_leader

Thank you, I have got POA for her financial affairs, as well as health and welfare which isn't active yet.  I will phone her solicitor tomorrow and ask.  She has already invited one estate agent to value the flat, I can't understand why the lease wasn't enquired about then.  Fingers crossed I can find it, it is difficult helping her long distance.  

youth_leader

Thank you, I've just downloaded it, I've never had any dealings with flats before.  Not great news!

Date : 13 March 1996 Term : 125 years from 16 September 1974

eddddy

youth_leader said:

I asked her how many years there are on her lease and she isn't sure - and thinks her solicitor holds her lease?  

I've had a look at land registry and can only download the Title and Plan, the lease isn't there.

The Title register should tell you the start date and end date of the lease (and therefore how many years are remaining).


I'm not sure if there's some confusion...

It's correct that you can only download the title register and plan via the land registry website (unless you have a business account).

If you want a copy of the lease, you have to fill in an OC2 form, and pay a fee of £7.
https://www.gov.uk/government/publications/official-copies-of-documents-registration-oc2

propertyrental

youth_leader said:

Thank you, I've just downloaded it, I've never had any dealings with flats before.  Not great news!

Date : 13 March 1996 Term : 125 years from 16 September 1974

You cannot have downloaded the lease itself - that requires OC2 by post.

You have the leasehold Title only - but at least you now know there are 74 years remaining (though I'm bemused by the 1996 date - was that when she bought the flat?)

youth_leader

So disappointing, I have been asking her for a few years about the lease and she has always said it's '80 years plus' - my calculation is that it is now 75 years.

Thank you @eddddy - does it matter that my late uncle's name is still on it?  

youth_leader

Sorry @propertyrental I missed your post as I feel a bit flustered - yes, she and my uncle bought the place for cash in 1996.  

Officer_Dibble

We sold a flat with a 64 year lease without too much problem - though that was central London which is a bit different. There are plenty of lenders happy with 75 years, unless things have changed a lot in the last few years. Just a dent to the price roughly equivalent to the cost of renewal (though in our case the price dent was rather less than renewal would have cost)