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Posted Wed, 22 Jan 2025 12:49:06 GMT by Andrew Hall
Hi
My landlord is quoting a covenant  that he claims is it is in my “title documents & original deed of lease”
There is nothing in my title document so I am wondering if it is in a lease / deeds.


I purchased my leasehold flat in 2006. All I ever received was the title registration document. My mortgage was paid off a few years back and all I received was a closing statement. I need to get a copy of this lease / deeds.

On the Land Registry website it states I can buy my title register and plan which I have done. There is nothing on this page about deeds or a lease. On the 'request your deeds' page it states If the deeds are marked as ‘filed’ in the register then HM Land Registry has a scanned copy.

I can't see any reference on my title register to anything being filed. The word filed is not on this document anywhere. Does that mean I should be looking elsewhere or does that mean you don’t have them.

I am happy to send off form OC2 and the fee if you hold any other paperwork for my property but I don't know what to put in the section asking for the Nature of document when i don't even know what you do or do not hold.

Any advice would be gratefully appreciated, thanks.

 
Posted Wed, 22 Jan 2025 12:53:25 GMT by Adam Hookway
Hi Andrew - form OC2 and fee is correct re applying for a copy of the registered lease
Just check the short particulars of the lease to see if there is note that states 'No copy filed' for example before applying
Posted Wed, 22 Jan 2025 13:21:50 GMT by Andrew Hall

Hi Adam, thanks for the quick reply

On my title registration document it states

Short particulars of the lease(s) (or under-lease(s)) under which the land is held: Date : xxxx Term : xxx Rent : £x

Parties :x ( identifying info removed)

It does not say no copy filed or anything else

Elsewhere in the title register it does state copy filed , this is in a section related to right of ways.

I am happy to send the fee, but need to make sure I get all the documents you hold.

Is the lease and the deeds seperate documents ?

What should I put in the nature of document section as titles ?

Thanks

Posted Wed, 22 Jan 2025 13:52:15 GMT by Andrew Hall

Looking further at my title document there is a
Deed dated August 1982 that states copy filed 
Deed dated February 2000 that states Copy deed filed.
Then in the section that says Short particulars of the lease(s) (or under-lease(s)) under which the land is held: Date : X May 1980 No mention of filed or not

Do I take this to read that there are 2 deeds and 1 lease available for me to buy. I presume at £11 each ? And I use the names and dates shown here in  section 7

Is there anyone I can email to confirm what documents you do hold so that I can request them all in one go.

Apologies for all the questions but I am getting very confused and just want to purchase all off the documents relating to my flat as soon as possible

Thanks

Posted Wed, 22 Jan 2025 14:24:52 GMT by Adam Hookway
Andrew - that is correct and you can apply for all 3 if you wish to using a single form OC2 and a fee of £33
We don't offer a service whereby we check if we hold copies before you apply. If we discover that copies are not held on file then we will advise you as such and refund the fee
Posted Wed, 22 Jan 2025 14:30:32 GMT by Andrew Hall

Perfect thanks so much.

If you can't advise what copies are held and i don't know what paperwork there may be do you know how I could find out if there is anything else?
I assume that is what the section that states Documents which are not referred to in the register refers to.

If I don't know and you can't tell me where do I then go ?
 

Posted Wed, 22 Jan 2025 14:56:55 GMT by Adam Hookway
Andrew - your original post stated you wanted a copy of your lease. Responsibility for holding a copy rests with the superior title holder (landlord) and the tenant. HMLR may hold a copy and as such an application can be made for same using form OC2.
A registered title consists of a register and title plan. These are in essence the 'title deeds'. Both are available online.
If someone wants a copy of a specific deed/document referred to on the register, whether as 'filed' or otherwise, then they can apply by post for a copy using form OC2.
There is no 'general search' facility to identify what deeds/documents we hold re a specific title as each title is unique and the type and number of deeds/documents submitted over time will vary in each case. And we are not a deeds repository so we will not for example hold all 'old' deeds/documents created prior to the property being registered.
A form OC2 and £11 fee can be used to apply for a copy of the registered lease - if we have a copy on file we will then issue an official copy to you
If the register refers to other deeds and states these are 'filed' then you can apply for copies in the same way.
The vast majority of people require a copy of something for a specific reason. They don't require 'all' or anything else but they can, if they wish to, apply for a specific deed/document as per the "Documents which are not referred to in the register" reference in the guidance. Those documents will include application forms and correspondence and more entered into on previous applications  
Or, if they have a specific issue/problem or are trying to identify a piece of historical info, contact us first with the Q and our support team can check what we hold and respond as appropriate. You can then request a specific deed/document as appropriate - Public guidance: dealing with land and property - GOV.UK
If you would like to share the title number I can check whether the two 'filed' deeds you mention are relevant to the original issue as posed although you may have decided you want copies to complete the 'title deeds' usually required when dealing with a registered property 
Posted Wed, 22 Jan 2025 15:13:20 GMT by Andrew Hall
Thanks so much for this. I am getting confused as to what is a title, what is deeds and what is a lease. I am being told by my landlord that my title contains a certain paragraph and it doesn't so I need to find where it is

I am aware now that I should have this paperwork myself and am also aware that I should have chased this up when I bought the property. I didn't so am now trying to rectify this and make sure I have all of the relevant paperwork.

I am specifically looking for this section

First schedule – easements rights and privileges point 2.
The right in common with the Lessor (us) and all other entitled thereto to use the drains and sewers running beneath the adjoining land and into the main sewer the Lessee (you) paying a proportionate part of the expense of maintaining and keeping the same in repair. “

My landlord stated it was in title documents (SF162035) & original deed of lease

It is not in my title documents so I need to see if it is in any deed or lease. My title number is SF162035


 
Posted Wed, 22 Jan 2025 15:21:08 GMT by Adam Hookway
Andrew - it can be very confusing especially as this information and how it 'works' is rarely something an actual owner might focus on
The clause you refer to will be taken from the actual 1980 lease so you are right to apply for a copy of same if you don't have one already.
The two Deeds you referred to as being 'filed' are very specific as per the entry wordings. You may not need copies of these to deal with the issue as originally posted. But if you want a complete picture of what your registered information includes then copies can be obtained for completeness.
There are no other deeds/documents to be applied for other than what I would perhaps refer to as routine paperwork including application forms, correspondence etc as submitted as and when the title was created/updated over the years. None of which would be relevant to your original enquiry or a relevant to your proof of ownership for example
 
Posted Wed, 22 Jan 2025 15:24:56 GMT by Andrew Hall

Thank you so much, you have been extremely helpful and it is much appreciated.

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