How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 10291
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
16368554
Type Your UK Property Law Question Here...
Aston Lawyer is online now
A new question is answered every 9 seconds

We are freeholders and the head lease reversion has been struck

Customer Question

We are freeholders and the head lease reversion has been struck off and dissolved in the courts, the sub leases have a restriction that the lessees cannot sell without consent of management company, who no longer exist. I assume the restrictio was put in place to prevent people selling without paying Ground Rent and service charge. Do i now need to complete a RX1 form for all 71 flats
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Aston Lawyer replied 1 year ago.
Hello and thanks for you using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
As the Restriction is on each Leashold title, it is up to each Lessee to cancel it. In practice, upon any Sale, any Purchaser's Solcitor will need to submit an RX3 to the Land Registry at the time they register their client's title, explaining that the Management Company has been dissolved and therefore the Restricition is no longer applicable. As long as they provide evidence that the Management Company has been dissolved (a print out from Companies House website is sufficient), the Land Regstry will cancel the Restricition and the Buyer's application for registration will be able to proceed.
I hope this assists and sets out the legal position.
Kind Regards
Al
Customer: replied 1 year ago.
Thank you. The question was really how do we prevent lessees selling their properties and not settling the ground rent or service charge arrears if they can simply cancel the restriction? How can we protect from that happening. Can we replace the restriction in our name? If so how
Customer: replied 1 year ago.
I am still awaiting my answer following the previous answer which was not at all helpful.If you are unable to answer the query then please refund the fee.I expect to hear from you within the next 7 days.

Related UK Property Law Questions