Solicitor forgot to register lease extentsion then F/H sold

  • Filter
  • Time
  • Show
Clear All
new posts

    Solicitor forgot to register lease extentsion then F/H sold

    My uncle negotiated a lease extentsion and the paperwork signed and the premium paid.

    The solicitor he used failed to register the new lease.

    Freehold was then sold and the new freeholder will not agree to the registering of the new lease. He claims that when he valued the freehold prior to purchase he relied on the records at the land registry. He claims as a result of the oversight he has lost money.

    Surely my uncle should be able to register the lease and if the freeholder has lost out then surely he should take action against the vendor of the freehold.

    The vendor of the freehold a small property company has gone bust and the debts are enormous so little if no chance of recovery there.

    my uncle solicitor will not comment on anything but acknowledges letters received. I assume he is either trying to negotiate with the freeholder or is dealing with his professional indemnity insurers

    Any ideas or experience of similar

    Your uncle I believe has an EQUITABLE lease

    In property law, an equitable lease is an agreement to grant interest in land with terms corresponding to a legal lease, but without complying with the formalities required of a legal lease. Equitable leases come into being through contracts. But legal leases require deeds, which are registered if the time exceeds seven years.

    By being based upon a contract rather than a deed, equitable leases are more fragile than legal leases in their existence as well as their enforceability. Also, an equitable lease, not involving the transfer of a legal estate, doesn't offer the benefit of transfer of easements.

    Most importantly of all an equitable lease is un-mortgageable.

    I hope for your uncle sake it was not a statutory lease extentsion, because if it is then he will be unable to force a lease extentsion.

    If the lease extentsion was granted outside of the act with a new ground rent then the demand from the landlord will show the landlord acknowledges the existence of the deed which may help if the purchaser is buying for cash. But unfortunately it will not make it mortgageable


    Latest Activity


    • Old managing agents accounts
      by jazzythumper
      Since obtaining the RTM and changing the managing agent, we have never been given full accounts / receipts for the previous year(s). We believe that as the old freeholder and leaser holder of one of the flats were represented by the same solicitor that prior to the sale of the freehold, we were subsidising...
      20-05-2022, 11:21 AM
    • Reply to Old managing agents accounts
      by eagle2
      I suggest that you apply to or take action against the freeholder directly, the agent is only acting on behalf of the freeholder. If you think that the freeholder is likely to supply information, you can ask him to volunteer it otherwise you will apply to the Tribunal. If he is unlikely to volunteer...
      26-05-2022, 05:38 AM
    • Reply to Old managing agents accounts
      by jazzythumper
      would this be a good starting point?
      25-05-2022, 15:37 PM
    • Reply to Old managing agents accounts
      by jazzythumper
      As in a simple application to the old managing agent Or freeholder? Which one?

      To provide all accounts and payments based on the fact that we disagree with the charges? How far back can we go? And does having paid the service charges mean we have agreed to these?

      Thanks for...
      25-05-2022, 15:31 PM
    • Reply to Freehold confusion
      by Section20z
      It's never advisable , it can cause serious issues if you have a claim affecting communal areas. For buildings insurance the whole property should be covered and the cost split between the two flats.
      The only problem with an absent freeholder is that when selling the flat a pernickity solicitor...
      25-05-2022, 10:02 AM
    • Reply to Share of feehold/shared service charges?
      by Stu1020

      Thank you for the response.
      25-05-2022, 09:40 AM
    • Reply to Freehold confusion
      by AndrewDod
      There is no cast iron rule that the freehold "share" has to be transferred with any sale. You may need to purchase it from the friend (or his estate)....
      25-05-2022, 09:22 AM
    • Share of feehold/shared service charges?
      by Stu1020
      Hi there,

      I'm new to the forum and looking for advice on a sticky freehold situation.

      I own a two-bed flat in a converted building with two one-beds. The lease states that a fair proportion is payable towards the service charge. However, there has been a running agreement of...
      20-05-2022, 11:39 AM
    • Reply to Share of feehold/shared service charges?
      by eagle2
      I suggest that you ask the other 2 leaseholders to explain why they consider that the current allocation is fair. The freeholder has the right to review the allocation from time to time. Unfortunately, a "fair proportion" means that several alternatives would be considered reasonable to a...
      25-05-2022, 06:27 AM
    • RTM Hand Over Issues
      by martin15
      RTM handing over issues

      Our RTM companies comprise 4 blocks of 6 identical two bedroom flats and each block is registered at Companies House as a separate company.
      Following the acquisition date, it was discovered the former directors ignored legal advice and changed property management companies...
      23-05-2022, 19:36 PM