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Bought Shared Ownership in mid 2006 and ...

we have never signed the lease agreement. In fact I am not even aware of a lease agreement (obviously for the share we don't own and pay rental on) being issued in our name.

Now, I assume this is issued by the HA, and I am quite happy to phone them up and point this out so that we can get it issued and signed etc etc, BUT surely my solicitor should have realised this, and should I rather 'innocently' ask them if they have a copy.

Whatever happens I really don't want to be paying the sol again - for something that should have been done when we originally made our purchase.

BTW the only reason I am concerned about this is because we will need to remortgage later this year, and the BS will no doubt require a copy and of course, at this point in time, I cannot produce this and don't want to cause unnecessary delays when the time comes.

Comments

  • Mac_Sami
    Mac_Sami Posts: 277 Forumite
    You should have signed a lease for the share you own. Simple.

    If not, now's a great time to talk to your solicitor to find out.
  • Richard_Webster
    Richard_Webster Posts: 7,646 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Unless this was some funny kind of Shared Ownership you would have bought a lease for 99/125 years of the property with a rent equivalent to a proportion of the normal HA rent on the percentage that you "don't own". Did you buy your share from the HA or from someone else who had bought it from the HA? If you had a mortgage there is no way your solicitors would have completed the purchase and used the mortgage money unless there was a lease. If you were not the first people to have a share in the proeprty you would not have had to sign the lease because it would already have existed and it would have been transferred to you.

    Go to: http://www1.landregistry.gov.uk/ (Not any of the other sites that charge extra) and look for your address. You should find that there are both freehold and leasehold entries for that address. Order for £3 a copy of the leasehold entries and hopefully they will show you as the registered proprietors. It will give details of the lease made between the Housing Association and either you or a previous owner of the share. If there is no lease then you will have a concern - but try this first.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • izoomzoom
    izoomzoom Posts: 1,564 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    There is a lease, because I remember looking at it - it was between the HA and the people we bought our share from.

    I just assumed that we would have to sign a new lease with our names on it :confused:
  • Richard_Webster
    Richard_Webster Posts: 7,646 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I just assumed that we would have to sign a new lease with our names on it

    No, you simply take a transfer of an existing lease.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
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