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Is the original lease contract required for the sale of a leasehold property

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  • Is the original lease contract required for the sale of a leasehold property

    Hi there,
    Is the original lease contract 100% required for the sale of a leasehold property?
    I'm the buyer and my solicitor is adamant we need the original document to put the sale through.
    However no one can find it. The property dates from the 1950s. The previous solicitor accepted the renewal document when the current owner bought the property and neither the land registry nor the freeholder have it. The seller's solicitor is saying my solicitor should accept an indemnity insurance against the missing document. But my solicitors say no respectable solicitor would accept that for such an important document.

    My solicitor is suggesting retyping the "original lease document" but that will likely take weeks and my mortgage offer expires in a few weeks so I'm getting very anxious. Seller is getting upset syaing my solicitor is being too demanding. I'm trying to understand who's right.
    Thank you for your help.
    Tags: None

  • #2
    Is the leasehold title registered at Land Registry?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      Thank you Atticus, I can ask, but they asked the Land registry if they could provide a copy of the original lease and they said they didn’t. So it makes me think it’s not?? Does that help?

      Comment


      • #4
        Atticus, I asked yes it is registered woth the land registry.

        Comment


        • #5
          I preface this by saying that I have never been a conveyancer.

          But your solicitors' view surprises me when the leasehold title is registered. Maybe you can ask them to explain in more detail. You need to understand the risk, and also what cover the title indemnity insurance actually provides.

          Also, are you buying with a mortgage? If so, will your lender accept what has been described as providing acceptable security?

          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            Hi Atticus,
            Well I don't think the insurance has been taken in the end since my solicitors said they'd refuse it.
            Yes I'm buying with a mortgage.

            Should a leasehold renewal document include the same information as the original plus whatever additional info about about the years extention? Like the occupant's rights, obligations, .... etc? or are they 2 completely different documents?
            Thank you

            Comment


            • #7
              They are different documents

              Comment

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