I cannot grant myself a lease extension?
I have just learned that my flat is 67 years lease remaining the same as the other flat which is asking me for a lease extension as I am the freeholder. Now come remortgage and I have been informed to extend the lease. I am the freeholder, but in the land registry it is 67 years lease.
I have received an email to the solicitor and it says down below.
Upon reviewing the file, we note that the freehold interest and the leasehold interest are in exactly the same names. The issue is that you cannot grant yourself a lease extension. Therefore, the freehold or the leasehold would need to be transferred into a different name before the lease extension can proceed.
However, if you were looking to transfer the freehold, the provisions of the Landlord and Tenant Act 1987 may apply to you and if so, you would need to comply with the said before transferring the freehold. We do not deal with such matters therefore you would need to appoint a solicitor who deals with transfers of freeholds for landlords before you proceed any further with the lease extension/ remortgage.
My question is how did the solicitor conveyancer did not register the property in the land registry as freehold when I bought this property?
What shall I do if I can not grant an extension to my lease?
The house is divided into two flats. One of the flat is my mine and the other one belongs to another landlord. When I bought the house in 2002, it says on the advert freehold.
The other flat is leasehold and the leaseholder is paying me £50.00 a year.
Now come remortgage, and I have just learnt that it is only 67 years lease in the land registry.
I have only one mortgage as I do not own the two flats. I only own one of them and the other flat is owned by other landlord. Mine is freehold and the other one is leasehold and paying me £50.00 a year for a ground rent. In the land registry, both flats have only 67 years lease.
• The flat is in the joint name of my wife and me.
The other flat owns by another landlord and is only leasehold. It is
in the process of extending his lease with my approval, and is
paying me for the premium.
It came altogether, my remortgage of my flat and the leasehold extension
of the other flat owns by another landlord. It came to light that my flat and the other flat have the same 67 year leased at the land registry. I own the freehold of the house which consist of two flats.
I do not have any freehold title. Only the leasehold title. But when I bought 2002, it says freehold on the advert. I think my conveyancer in 2002 did not process properly, as my solicitor cease his business and I was referred to another solicitor. There was a mention
about freehold in the correspondence but I do not have the document. I think this was
I missed to follow up during that time