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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Hi, Can you please tell me exactly what is meant by the following

Resolved Question:

Hi,
Can you please tell me exactly what is meant by the following statement written on a property title under the heading Charges Register?
(xx.xx.xxxx) UNILATERAL NOTICE in respect of a notice dated 10 febuary 2010 served under section 42 of the Leashold Reform, Housing and Urban Development Act 1993.
(xx.xx.xxxx) BENEFICIARY: MR X of XXXX,xxxxx, xxxx
Thank You
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

It is a notice by the tenant a flat that he wants to exercise the right to have a new lease.

Here is the statutory provision

http://www.legislation.gov.uk/ukpga/1993/28/section/42

Does that make sense?

Can I clarify anything for you?
Customer: replied 3 years ago.

Sorry i am struggling with this.


The story is that the property is owned by a BVI company and Mr X is claiming he is nothing to do with that company.


He also states he has no financial or personal interest in the property in any way, But I found this on the title.


So does he have a personal or financial interest in this property? If so please ignore my ignorence simple how?

Expert:  Remus2004 replied 3 years ago.
Have you seen the deeds of the property to ascertain whose name it is registered in? What are you trying to achieve?

If you can explain your situation a little more I will be able to help you better than with just a few isolated facts and a question
Customer: replied 3 years ago.

Hi,


I have the title deed and it is registered to the BVI,


I am trying to ascertain if Mr x does have a financial or personnel interest in the property and if so in what way.


Thanks

Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

As my colleague mentioned in her first post, this Notice relates to a Lease extension that Mr X requested in 2010.
Basically, any Tenant of a Leasehold property can serve a section 42 Notice on the Freeholder requesting a Lease extension once they have owned the property in question for 2 years.
I am therefore guessing that the Register you have obtained is for the Freehold of a house or block of Flats. Mr X must have owned one of the Leasehold properties or property to which this Freehold title relates. Mr X's Solicitor must at the time registered the Unilateral Notice as evidence that his client wished to proceed with the Lease extension. I do not know whether Mr X did ever go ahead and complete the Lease extension, but if he did, the Notice should have been removed. Likewise, if he did not proceed, as the Notice was served back in 2010, it is now invalid and he should take steps to remove it.

Does the above make sense? I hope it does, and assists you.

Kind Regards
AL

Customer: replied 3 years ago.

Hi,


Thank you for that so I would be safe in saying that Mr X owned the flat within two years previously of that date? As Mr X is stating he has never owned that flat.

Expert:  Aston Lawyer replied 3 years ago.

Hi,

Sorry for the delay in coming back to you.

The Deeds you have are in respect of the Freehold interest- let's call it "AV land". The owner of AV land would be classed as the Landlord for the various Flats which are built on the AV land. Mr X must have owned one of these Flats, and he must have owned it for at least 2 years before 2010.

I hope this clarifies matters.

Kind Regards
AL
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10585
Experience: LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
Aston Lawyer and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi thank you ,


Hopefully you don't mind if I ask another question. I will do a new question and assign it to you

Expert:  Aston Lawyer replied 3 years ago.

Hi,

That's fine, thanks.

I am off to bed but will log in 7.30am tomorrow.

Kind Regards
AL