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The Law Society - Conveyancing

09

Feb

2018

Surrender of a Lease with Freehold Mortgagee

Landlords and Tenants should beware the additional requirements imposed by a mortgagee when considering any action relating to a registered Lease.

In a recent case which involved a surrender of a lease and sub-lease, the Landlord had charged his freehold and the consent of the Landlord’s mortgagee was not obtained.   This rendered the surrender invalid and the Tenant remained liable.

A surrender will be invalid if the landlord’s mortgagee does not give any required consent.   Consequently, a tenant looking to  surrender a lease should seek legal advice in relation to the Freehold title and any restrictions to avoid ongoing liability.

If you require advice on Leases of Tenancies, our team of specialist solicitors can assist for both residential and commercial matters.  Please contact Judith Bleetman at our East Barnet Office on 020 8441 1556

 

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