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How to get Leaseholder Permission

lancslass17
lancslass17 Posts: 27 Forumite
First Anniversary First Post
in House buying, renting & selling
HI,

i am wanting to rent out my house i have spoken to nationwide to let them know as the house is mortgaged they have said i need to get permission of the leaseholder.

How on earth do i do this the house is a terraced and the leasehold was agreed in 1853! i am not currently making any payments ( no one has asked) what can i do?

thanks
«1

Comments

  • Alter_ego
    Alter_ego Posts: 3,842 Forumite
    Name Dropper First Post First Anniversary
    Try the land registry for freeholder's name. Could be there.
    I am not a cat (But my friend is)
  • lancslass17
    lancslass17 Posts: 27 Forumite
    First Anniversary First Post
    Thanks i have the names ( those from 150 years ago anyway) does the land registry update the contact?
  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    lancslass17 wrote: »
    Thanks i have the names ( those from 150 years ago anyway) does the land registry update the contact?
    If it's changed hands in modern times then it should have a registered title. Any other clues with the title deeds if there have been more recent variations / consents etc? Also note you're the leaseholder, it's the freeholder you're looking for!

    But it's hardly an unusual situation, so why not explain to the Nationwide and see what they suggest?
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    You need the freeholder's permission.

    Does the Land Registry have an entry for the freehold title? If so, pay £3 and Part 1 will show he current owner of the freehold.
  • lancslass17
    lancslass17 Posts: 27 Forumite
    First Anniversary First Post
    I realise this sounds a bit thick but how do i know if there is an entry for the freehold title?

    Thanks
  • G_M
    G_M Posts: 51,977 Forumite
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    lancslass17 wrote: »
    I realise this sounds a bit thick but how do i know if there is an entry for the freehold title?

    Thanks
    It will list several possible documents available to buy:

    * leasehold Title (presumably showing you as the owner)
    * freeholder title
    * Flood risk indicator

    If the freehold Title is not listed, then the freehld is not registered with the Land Registry.
  • lancslass17
    lancslass17 Posts: 27 Forumite
    First Anniversary First Post
    Ah ok thanks, it only lists:

    Title register - is this the same as the property register paperwork we have from solicitor at time of purchase?
    Title Plan
    Flood Risk

    thanks again
  • ThePants999
    ThePants999 Posts: 1,748 Forumite
    First Anniversary Name Dropper First Post
    Just to check - does your lease actually say you need the freeholder's permission to sublet? If you don't, you can point that out to the mortgage lender, they ought to retract the requirement.
  • lancslass17
    lancslass17 Posts: 27 Forumite
    First Anniversary First Post
    There is a bit on it that says:

    Restriction: no transfer or lease of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by the proprietor for the time being of the charge dated ....

    i assume thats solicitor speak for you need permission.
  • ThePants999
    ThePants999 Posts: 1,748 Forumite
    First Anniversary Name Dropper First Post
    No - that says you can't sell the house (technically, the LEASE to the house) without your mortgage company's permission :-)

    The answer to my question would be buried in the lease itself, not the title register.
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