Cautions and Mumbo Jumbo

Super_Glue

I'm about to rent a flat with a friend and my OH. In fact, we get the keys on Saturday. I am currently a blithering mess. Not that anything has gone wrong, I'm just being hidiously neurotic about it all. Anyway, so as I was fervently check the Land Registry for the property our flat is in I happen across this legal mumbo jumbo:

A: Caution Property Register
Containing a description of the legal estate to which the caution relates.

1 (18.07.2007) Caution against first registration of the freehold estate in
land relating to the land shown edged with red on the caution plan of the
above title filed at the Registry and being (PROPERTY ADDRESS IS HERE)

2 (18.07.2007) The conveyancer's certificate accompanying the caution states
the cautioner claims the following interest in the estate:
The tenant under a Lease dated 13 June 2007 made between (1) (LANDLORDS NAMES ARE HERE (2) SHOP OVER WHICH WE SHALL LIVE IS HERE.

B: Cautioner's Register
Containing the name of the cautioner, address(es) for service and details of any person consenting to the lodging of the caution.

1 (18.07.2007) CAUTIONER: (SHOP OVER WHICH I SHALL BE LIVING...AGAIN (IT'S A WELL KNOWN WINE SHOP)
End of caution register


Do they own the property? Is this all above board? I'm excellent at finding things to worry about, is this another thing I can add to the list? Your expertise are greatly appreciated. I'm doing it all through a LA (booo I hear you cry) so surely they must check up on Landlords before they use them? ...Surely? Thank you!

morg_monster

I found this here http://www.landsearch.net/glossary.asp


A Caution against First Registration is a means of protecting a person's interest in an unregistered property and can be registered in respect of charging orders, rentcharges and the like.
The Caution Title identifies the Cautioner and provides details of his interest in the property. The Caution is registered separately and is given a title number. In addition to a Caution Title register there is also a Title Plan showing the extent of the property affected by the Caution.
A caution is not an actual registration of any estate in land. It is merely a means to trigger notification to the person who lodged the caution when an application for first registration is made. In practice the solicitor acting for the purchaser of a property will make a search at HM Land Registry, which will reveal the existence of the Caution. He will then ensure that the Cautioner's interest is dealt with before proceeding with the purchase. Thus the registration of a Caution against First Registration is an effective way of protecting an interest in an unregistered property. As all property is now compulsorily registerable following a purchase, the Caution is always seen and must be dealt with for the purchase to proceed.
There can be many cautions registered against the same property, each with their own Caution Title.

Now I don#t know much about this but it sounds to me like the wine shop is the freeholder and your landlord owns the flat as a leaseholder. I interpret it that any time the leasehold changes hand the freeholder needs to be informed? This would seem pretty standard to me! Also it does mention charging orders, maybe the wine shop has a charge on the upper property, but again even if that is the case, that isn't a problem for you or indeed the landlord (until he sells).
Even with the most cynical and pessimistic view, I can't see anything in the above which would give me even the slightest cause for concern. ANd at any rate it only applies when the flat is being sold anyway, by the sound of it. And only to the owner! so STOP WORRYING! you are like my fiance! Just CHILL! I'm sure you will find plenty of other things to worry about soon, don't worry (there you are, you can worry about not having anything to worry about)!

morg_monster

Actually i think it is where freehold property/land hasn't been registered with the land registry and the freeholder will be notified if anyone else tries to registers it?
http://www.landregisteronline.gov.uk/lro/glossary.htm

Super_Glue

Thank you ever so for the information. So this is a fine and dandy thing? I only wanted to check because the LLs didn't state their address on the tenancy agreement, just the LAs, so I wondered if they were ok or not.

If I sound like your fiance you sound like my OH! Lord, I can't stop. It's driving everyone insane. There's something wrong with me!

morg_monster

Now I still think the caution thing isn't worth worrying about, but as far as I know, you should have an address for your landlord and not just the LA. Our LA is a biggish one in london and all above board and we have our landlords address on the contract, even though it was where he was moving to in portugal.
This is where we need someone more experienced to come on this thread - i KNOW I've seen before about people not having LL's addresses and if I remember correctly the regulars come in and say you have a right to have it. I don't know if it has to be on the contract, but I'm sure you should have it in some way. I'm not sure if the "care of" address of the agent is sufficient. It might be.

But please don't worry, you can sort it out in the morning! I've just rang my fiance at 10pm and he is STILL at work and worrying his head off cos his manager has gone on holiday for 3 weeks and he's got so much to do... I know he won't be able to sleep tonight so tomorrow he'll be even worse. I've ordered him home now. Want to grind up something in his drink to knock him out til the morning...