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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7602
Experience:  UK solicitor holding an England and Wales practising Certificate.
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We wanted to put our ex Warner flat on the market

Customer Question

Hello,
We wanted to put our ex Warner flat on the market but just found out that we have a short lease of 65 years. When we were buying this property in 2004 we have been told by estate agent and previous owner that this flat has a long lease of 860years in fact she filled the sellers information pack stating that. When we have asked our solicitor at the time of buying what lease is the right one have been told they are both valid and should not be concerned. We have done a land registry search our selfs and the results come up with 65 years lease. It looks that we have been misled when buying this property. What actions could we take?
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
The length of term remaining on the lease is ultimately something that your solicitor would/should have checked and reported to you on.
If they either did not report then length of term at all or did not report it correctly to you then you may have a claim against them.
The seller’s may have stated the length incorrectly, but even if they did then it would still be for your solicitor to check the Lease/land registry title (as you will know now, it is very easy to check).
I would check your records as to the information that your solicitor provided to you. If you believe they did not report the length correctly or did not report then length at all then I would refer this to the solicitor as a complaint. If they complaint is not resolved to your satisfaction then you can submit a claim to the legal ombudsment for compensation.
Ultimately, if this is a residential lease then you will be able to extend the lease term but the freeholder will charge a fee which you will then have to seek to claim from your solicitor if they acted negligently.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Thomas and 2 other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi and thank you for your reply,could the flat possibly have 2 leases? My solicitor was confused and he had written to as saying that it has got 2 leases and both are valid with land registry numbers on it.If we want to sell the flat what should we tell our estate agent?
P.S one lease is for 900 years from 1966 and it includes our house number and several others on the same road.
Lease number 2 is for 99 years from1978 and its only for our flat?
Expert:  Thomas replied 2 years ago.
Hi,
I cannot really comment without seeing the documents. You need to consult your solicitor and get them to explain clearly the arrangement here.
Tom

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