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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 10545
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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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: 2 years ago.
Category: UK Property Law
Expert:  Aston Lawyer replied 2 years 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their client's title, explaining that the Management Company has been dissolved and therefore the Restricition is no longer applicable.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
Customer: replied 2 years 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 2 years 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.