S0S - Buying a repossessed flat without the Leaseholder’s Deed of Certificate?

Curiousfella123

Hello, 

A month ago, my offer was accepted on a repossessed flat in a 6-story ex-council building, which falls under the Building Safety Act (BSA). The flat requires a leaseholder’s deed of certificate, which the ex-owner hasn't provided. My mortgage broker secured a mortgage offer and recommended a solicitor. However, last night my solicitor emailed to say that he identified several issues in the contract pack:

• The property is being sold by LPA Receivers on behalf of the mortgagee, with no title guarantee;

• The sellers solicitor did not provide the Leaseholder’s Deed of Certificate, Landlord’s Certificate, EWS1 Form, and Fire Risk Assessment and remediation information.

The solicitor ended the email saying that he would not longer be able to assist me, but offered to pass my case onto someone else in his firm. I thought this was strange as he knew the property was repossessed and that there was a possibility that there was no Building Safety Act certificate.

I really like the flat, but I am worried about the risks and transaction falling through. Has anyone been in the same situation? 

Does anyone know if it is possible for the bank who repossessed the property or LPA receiver to obtain the Leaseholder’s Deed of Certificate where there is none available form the ex owner?  Is there away around this certificate? 

I would also welcome any solicitor recommendations who deal with repossessed and high rise buildings. 

Thanks in advance! 

fullyrendered

Who is the freeholder now? Has your solicitor obtained the LPE1? I'm pretty sure all the other documents also come from the freeholder.

Curiousfella123

fullyrendered said:

Who is the freeholder now? Has your solicitor obtained the LPE1? I'm pretty sure all the other documents also come from the freeholder.

Thanks for the reply. Council is the freeholder. Not sure about the LPE1 form, but shall check once a new solicitor is delegated as my old one dropped out.  Perhaps you are right the freeholder would be able to address some of the unknowns?