Legal ombudsman

[AnneShirley18]

Hi, I posted a bit about this previously before I realised there was a legal board.
I am selling a flat and to cut a long story short, no lease plan is held by land registry, the management company, or the leaseholder company.

This is a red flag obviously (I say obviously, but it is only obvious to me with brutal hindsight). This could be ordinarily solved with indemnity insurance but this isn't possible in my case.

After crying, yes crying down the phone to leaseholder company they said they could collaborate with my solicitor and my management company to create a deed of variation. Their fee would be £325 plus legal fees between £300 and £600. I imagine the management company will also see pound signs here and my acting solicitor will also add to their fees. This could potentially cost me close to £2,000.

What are my chances of claiming this from solicitor who failed to raise this when I bought flat? Had I been better represented, the burden of these costs would have been on person who sold me flat. Would the ombudsman ask them to cover the costs?

I'm at my wits end. I'm paying a mortgage at a variable rate on an empty flat I no longer live in. I have no money to waste and yet I can't afford not to proceed can I?

Any advice or experience gratefully received.

@AnneShirley18 Can I just confirm the lease was registered but there was no title plan created.

If that is the case, I would be asking Land Registry how they registered the lease in the first case. I would also be asking them to check all the title deeds of both the freehold title and the other leasehold titles to see if there is a plan that has been misfiled.

If you haven't already, then make a formal complaint to the solicitor. The Ombudsman will want you to have done this before they get involved. From what you've said, it's not unreasonable to ask the solicitor to cover the costs you're incurring.

Thank you both for your replies. I think a lease plan was registered as the lease makes reference to it bit it has somehow disappeared without a trace.
I asked the solicitors to pull my file and they have confirmed there is no lease plan in the file so next step is a formal complaint yo them followed up with ombudsman. Thank you both again 💓

@AnneShirley18 if you or your solicitors have requested the Land Registry Deeds ( https://www.gov.uk/government/publications/official-copies-of-documents-registration-oc2) and the plan is missing then Land Registry may have liability and pay indemnity for financial loss. You need to follow the complaints process https://www.gov.uk/government/organisations/land-registry/about/complaints-procedure.

I would start by requesting the deeds of the superior title/freehold from Land Registry to see if there is a copy of the plan. https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds

The other option to explore is if your mortgage company, if you have one, holds a copy of the lease plan.

@AnneShirley18 You will need Land Registry to help to reconstitute the lease plan. https://www.gov.uk/government/publications/first-registration-of-title-where-deeds-have-been-lost-or-destroyed/practice-guide-2-first-registration-of-title-if-deeds-are-lost-or-destroyed

Wow, thank you so much for this. Such expertise! I wish you'd been my solicitor!

IANAL but know quite a lot about Land Registry