Right to extend lease declined due to Land Registry delay. Is it legal?

Right to extend lease declined due to Land Registry delay. Is it legal?

0:01 AM, 4th April 2024, About 2 months ago 4

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Hello, Although I have bought the right to immediately extend my lease (Sec 42 by Vendor and Deed Of Assignment to me), the freeholder declines to respond on grounds that my title is not yet on the Land Register. I feel quite confident that this is wrong and he has to respond by the 2 month deadline or risk enforcement, but I seek reassurance?

For background, yes, they acknowledge receipt and my 10% deposit payment, but decline to respond before Land Registry updates the title, which could be years away!

According to the Leasehold Advisory Service, and in my experience (I’ve done this once before) a Deed of Assignment passes the existing right to extend a lease onto the new owner. Any Land Registry delay is irrelevant.

However, my conveyancing solicitor seems unsure or unwilling to challenge the freeholder, and my lease valuation expert says he’s not legally qualified to comment.

If I can get some reassurance from those who know, I will pursue action through the legal process and report back my result.

Please help?

Thanks all,

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10:56 AM, 4th April 2024, About 2 months ago

Suggest get advice from a competent conveyancing solicitor (apols if your current sol ticks those boxes) to look carefully. We bought a small FF flat in a converted semi and extended our lease. No probs for us as the LL's sols made a mess and we walked through. I paid the best Brighton Sols on the job. I am now a non practising solicitor consultant but never a conveyancer or L&T!!
They told me it was really a tick box exercise and DON'T GET A SINGLE BOX OR TIME LIMIT WRONG!!! ODT Sols Brighton did the job, the freehold LLs' sols missed (negligent) and we got the price and years as asked.

Fed-up Landlord

15:01 PM, 4th April 2024, About 2 months ago

I'm extending a lease at the moment but my solicitor says it can't go any further until the LR title is in my name.
My long-time solicitor who was an expert in such matters retired and I'm not at all confident with my new one. They did, however, send the registration papers to LR a week after the sale completion, but that was 8 months ago and it's still not in my name.
I know you can have your application expedited, so maybe that's the way forward for you.


15:16 PM, 4th April 2024, About 2 months ago

I had a similar issue trying to remortgage after completion of a lease extension, where the new lease was not showing on the register several months later.

Apparently, delays in registering changes to title are very common at Land Registry.
You, or your solicitor, can write to LR asking them to expedite the registration, explaining your situation.


15:24 PM, 4th April 2024, About 2 months ago

Just to add, even if this fails, you are unlikely to have to wait 2 years to reapply, as that requirement is being removed in the Leasehold Reform Bill

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