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LegalNinja
LegalNinja, Solicitor
Category: Law
Satisfied Customers: 412
Experience:  Solicitor
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Our café business is on a 16 year lease which was signed by

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Our café business is on a 16 year lease which was signed by myself as an individual in 2008 with the landlord company Z Ltd. The lease was not registered at the Land Registry due to an oversight by our solicitors. The sequence of events is as follows:
2008: Lease signed with landlord company Z Ltd (never registered at Land registry)
2015: Company Z Ltd sells the building in which our café and a separate business are located to Mr. B.
2019: Z Ltd is dissolved.
We have always paid our rent through the landlord’s agent who has been the same since 2008. My question is, do we have a valid lease with Mr. B.
If not who, if anyone do we have a lease with?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No
JA: Where is the property located?
Customer: Greater London
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello,

 

A lease for more than 7 years must be registered at HM Land Registry. If it is not registered, it is not a valid legal lease. The Landlord (so Mr B.) would continue to hold the legal estate rather than yourself.

Customer: replied 6 days ago.
I did not sign the original lease with Mr B. It was with a different company. I read that an unregistered lease does not transfer.

I understand. That is correct, the tenant has a statutory obligation to register the transaction within two months of the date on which it completed. If it fails to do so, at the end of the two month period, the transaction becomes void in respect of the legal interest.

Is there anything else I can clarify?

Customer: replied 6 days ago.
So if I wanted to get out of the lease, would it be a simple matter?

Potentially but I would advise a personal appointment with a specialist, hence, why a local solicitor is ideal, to allow you to see the solicitor in person and to explain all the intricacies of your case.

It appears you may even have a claim against your former solicitors for not registering the lease.

Customer: replied 6 days ago.
Thank you for your help

It's a pleasure.

I would be grateful for a 5 star rating at the top of your screen for my time. It is important to leave a rating as is how Experts are credited for their time. All the best. -LN
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