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Posted Sun, 23 Jul 2023 11:39:30 GMT by Vikrant Bapat
Hello - we are in the final stages of buying a flat, with a leasehold of 999 years, with almost all of the reports done, along with the funds for transfer arranged and a mortgage deal in place, except for a certificate of compliance.

The title registry states a restriction from 2002 that a certificate is required by the solicitor or secretary of the lessor or 'X' (a management company). In the meantime, the residents of the unit also decided to appoint a new RTM company. The sellers solicitors contacted the lessor who has mentioned that the RTM company (without naming the RTM company) needs to provide the certificate, and that they do not do so.
 
We have a certificate from the current RTM company that manages the building on a day-to-day basis, but whose name is not present on the title registry.
 
X, who also changed their name to, say, Y, are still named on the title registry as 'X' and are not reachable by the sellers solicitors, but are still in existence as a company.

Will this certificate provided by the current RTM company (but not on the title registry) be enough for us to go ahead with the land registry application? Our(buyers) solicitor is not comfortable without a  certificate from either the lessor or 'X', both of whom do not seem to respond to multiple enquiries.

We are really running out of time and options and this is threatening the whole deal, which has been worked on by all parties for months, to fall apart.

Seeking your help and guidance, Thanks in advance!
Posted Mon, 24 Jul 2023 06:30:51 GMT by Adam Hookway
Hello Vikrant - if the restriction states X and the certificate is from Y then it is almost certainly unacceptable. 
See our Practice Guide for guidance and perhaps refer the conveyancers to it as well for assistance. Section 4.3 explains more re such a change
Posted Mon, 24 Jul 2023 07:36:27 GMT by Vikrant Bapat
Many thanks for the prompt response, Adam, will let them know.

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