Selling Leasehold House

[Jayne31 0]

Hi 

Any advice on selling a house that has a leasehold on it. It’s paid up for quite a few years the buyer is happy with this but their solicitor is requiring recent documentation to verify this. Coppen and pass extremely difficult to contact. No answer to voicemails or emails for months. Making my dad ill

with worry. Thank you 

[Guest sibon]

8 minutes ago, Jayne31 said:

Hi 

Any advice on selling a house that has a leasehold on it. It’s paid up for quite a few years the buyer is happy with this but their solicitor is requiring recent documentation to verify this. Coppen and pass extremely difficult to contact. No answer to voicemails or emails for months. Making my dad ill

with worry. Thank you 

Ask your solicitor to deal with it. That's what you pay them to do.

[crookesey 635]

I’ve never heard of ground rent being paid up a few years in advance.

[ECCOnoob 1,050]

3 hours ago, sibon said:

Ask your solicitor to deal with it. That's what you pay them to do.

^^^^^  what they said.

 

You are paying your solicitor to do the job. If they want the information they should be the ones going to find it.  Tracing leasehold details and finalising figures should be routine for any competent conveyancing lawyer.

[Jeffrey Shaw 90]

All true; but the ground rent receipt for the last rent due is an important item.

Why? See s.45(2) of the Law of Property Act 1925- below, underlined, with my bold added:

[from https://www.legislation.gov.uk/ukpga/Geo5/15-16/20/section/45]

 

Where land sold is held by lease (other than an under-lease),  the purchaser shall assume, unless the contrary appears, that the lease was duly granted; and, on production of the receipt for the last payment  due for rent under the lease before the date of actual completion of the purchase, he shall assume, unless the contrary appears, that all the covenants and provisions of the lease have been duly performed and observed up to the date of actual completion of the purchase.

 

So a clear (= unconditional) ground rent receipt tells P that V is not in breach of covenant.

It avoids the need to obtain the freehold reversioner's explicit confirmation.

Note: it says 'shall', i.e. P is legally bound- and therefore cannot refuse-  to accept it.

 

 

 

 

Edited March 17, 2022 by Jeffrey Shaw

[topflat29 10]

The proof of   last ground rent payment has been paid ,  can  be on  verified  and the  date   is  on  your bank  account  statement .

 

 

[Jeffrey Shaw 90]

On 18/03/2022 at 19:55, topflat29 said:

The proof of   last ground rent payment has been paid ,  can  be on  verified  and the  date   is  on  your bank  account  statement .

 

 

That's not sufficient. OP needs a clear ground rent receipt if s.45(2) is to operate.

[Jayne31 0]

Thank you for your replies. The solicitor has has eventually got in touch with the leaseholder and sent payment for them to send proofs of payments. 
The problem is getting them to reply with the receipt.. no answer to phone calls or emails Amd no one ever at the office. 
 

 

[geared 320]

Yea, they're well known for that.  Not alot you can do about it now.

 

Should have bought the freehold reversion.

[Jeffrey Shaw 90]

On 08/04/2022 at 15:51, Jayne31 said:

Thank you for your replies. The solicitor has has eventually got in touch with the leaseholder and sent payment for them to send proofs of payments. 
The problem is getting them to reply with the receipt.. no answer to phone calls or emails Amd no one ever at the office. 
 

 

But you are the leaseholder (tenant). The ground rent is payable to the freehold reversioner (landlord).

If no receipt can be obtained, tell your solicitor to consider an indemnity insurance policy. It will cost about £100.

[Mongoose 10]

On 10/04/2022 at 16:02, Jeffrey Shaw said:

But you are the leaseholder (tenant). The ground rent is payable to the freehold reversioner (landlord).

If no receipt can be obtained, tell your solicitor to consider an indemnity insurance policy. It will cost about £100.

Hello Jeffrey,

 

Do you have any experience with coppen/PAS and remortgages?

 

It appears the providers conveyancer will (attempt!) to contact them for details as part of the process.

 

Having read many threads on here; will PAS respond? - and if not, is there a way of 'encouraging' them by a specific process?

 

 

Also assume they will charge one of their lovely admin fees to do whatever is required.

[Jeffrey Shaw 90]

Yes, I have daily experience of dealing with Coppen/PAS.

You need to ensure that your legal position is protected.

There are ways to cajole them into action but none of these is either simple or cheap.

(If I had £1 for every person- or even solicitor!- who's told me "But I tried sending a reminder letter/ a stamped-addressed reply envelope/ telephoning/going to the firms' premises [delete inapplicable], to no avail", I'd be very rich!)