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Register & Title Plan
Shared ownership, staircasing and merger
Shared ownership, staircasing and merger
Posted
Sun, 21 Sep 2025 10:11:53 GMT
by
Adam Paine
In 2006, I acquired a shared ownership lease, registered under title HP676478. This is a sub-lease under the head lease registered under title HP662851.<br> <br> In 2017, I exercised the tenant's right in the shared ownership lease to buy 100% of the shares, and so acquire the interest in the head lease. My understanding is that at that point, the conveyancer (now out of business, apparently) should have asked about merging the interests in the shared ownership lease and the head lease. They did not, so the head lease appears, on the register at least, to be subject to a sub-lease of which I am both the landlord and the tenant.<br> <br> I'm at quite an advanced stage of selling my interest in the head lease, and the buyer has asked for a Building Safety Act landlord's certificate. The actual landlord (i.e. the freeholder) is refusing to give me one on the grounds that I am my own landlord under the sub-lease, so I am liable to issue a landlord's certificate to myself. They refuse to budge on this position until the sub-lease entry on the Register is removed.<br> <br> Setting aside the ridiculousness of that, what are my options for resolving this? As far as I'm concerned, the sub-lease  disappeared when I acquired the reversionary interest, and that's the result I want to achieve on the Register.<br> <br> Would I have to make an AP1 application, or is there another route? And is this an issue that is likely to take a long time to resolve, or could it be expedited?<br> <br> Thanks very much.
1-Register - HP662851.pdf (233.2 KB)
2025-09-21_summary_of_title_HP676478_GOV.UK.pdf (196.6 KB)
Posted
Mon, 22 Sep 2025 06:17:00 GMT
by
Adam Hookway
Adam - if you want to apply to update the registered information then you will need to apply using form AP1 as you state. <br> Our PG 26 explains the ways leases can be determined as appropriate - <a href="https://www.gov.uk/government/publications/leases-determination/practice-guide-26-leases-determination">Practice guide 26: leases – determination - GOV.UK</a> <br> Land registration is complex, designed to protect legal and financial interests in property. There can be significant consequences for any error. Please consider seeking legal representation. Before making an application without legal representation, it is important to <a href="https://www.gov.uk/guidance/making-an-application-without-legal-representation">consider the benefits of using a conveyancer.</a>
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