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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have a flat in New Eltham SE92BB.This a leasehold flat.I

Customer Question

I have a flat in New Eltham SE92BB.This a leasehold flat.I didnot get the original Leasehold agreement I thought it was given to Mortgague Lender Halifax They say they donot have it.My solicitor says the Land registry does not have it.This purchase was 7 years back.Could you kindly advise me how to find it I am to sell the flat now.I have a copy of the leasehold agreement.But solicitor says the buyer would like the originalI will pay for your services.Dr Wijesinghe***@******.***
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

For the avoidance of doubt, do I understand correctly that the lease is registered at HM Land Registry but it is just the original document that has been mislaid please?
Customer: replied 2 years ago.

I am shure it is registered in the Land Registry.The developer is a reputed firm Fairview New Homes EN20BY *********** still in practice.The lawer who wrote the agreement is Ms Elsie Wettone.I wrote to her from Sri Lanka the letter was returned undelivered.She is retiered or changed the address.

The is Leasehold Mangers to whom I pay 200GBP as ground rent.I donot have the addresses etc off hand but I can send the to you tommorow

Thank you Very much Dr Wijesinghe

Expert:  Joshua replied 2 years ago.
Thank you. in terms of the original lease, there is no surefire way to guarantee obtaining the original if it has been misplaced. There are certain places that it is obvious to look which would be the original solicitor that acted for you in the purchase, your mortgage lender (which I note you have already tried), your current solictor if they hold deeds for you, any other solicitor who has held deeds for you in the past and of course your own records. However, if enquiries fail, there is no way to recreate the original. The landlord will or at least should have the original counterpart lease which is their copy of the lease but they will wish to hold onto this and will not hand it over.However, the above is of no consequence because in 2003, the law was specifically changed to put an end to worries about lost title leaves for registered property. The land registration act 2002 which came into force in 2003 "dematerialised" title deeds for registered properties. This means that under this Act, the original lease once registered, is no longer of any legal value whatsoever as the legal title is the electronic registration record of the lease held at the land registry. The legislation means that the original lease is no longer of any legal importance or value whatsoever and the buyer does not require this to evidence that title if the property is registered. the buyer of course may like to have the original lease and it is common practice to hand the same over if it is to hand but the original lease is nothing more than a keepsake in the property is registered and it is no longer standard practice either under the conveyancing protocol or a requirement of the Council of mortgage lenders Handbook which are the rules that must be followed where a mortgage lender is involved to require the original lease to be handed over.Accordingly, if you are unable to locate the original lease despite your best efforts, it should make no difference whatsoever to the quality of your title nor should it be an issue for your buyer. If the buyer chooses to make it an issue, then it is one of their own making and they are being unreasonable and one cannot help unreasonable buyers. Ideally, the buyers solicitor will explain to them that the original lease is of no legal value as above as will be well known to any practising property solicitor and you will be able to proceed with your sale unhindered. I have never known in my career a single property sale that has fallen through due to the lack of original title documentation. All that is requires is an "office copy" of the lease which can be obtained from the land registry or a nominal fee.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Expert:  Joshua replied 2 years ago.
I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
Expert:  Joshua replied 2 years ago.
If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though