land registery / deeds question

G_M

Thanks for update Richard - I've not done a purchase for some years now. If/when I do I'll have to mug up on the new processes unless I use a solicitor of course........ :rolleyes:

isayoldchap

lindos90 wrote: »

Just been in the IR website ans found this..

Unless a transaction is exempt from SDLT, the purchaser is responsible for notifying HMRC of the purchase or transfer by completing a Land Transaction Return - commonly referred to as the Stamp Duty Land Tax Return - and for making sure that SDLT is paid on time. In practice, most people employ a solicitor or conveyancer to complete the return for them.

When HMRC receives a valid return, it will issue a Stamp Duty Land Tax Certificate. The transfer of the property cannot be registered at the land registry without this certificate.


All transactions valued at £40,000 or more, must be notified to HMRC within 30 days of the 'effective date' of the transaction (for most land and property purchases this is the completion date).


If the transaction value is above the payment threshold, you also need to send payment within this time limit.
If the return and payment aren't received within 30 days, the purchaser will incur a penalty charge and will also be charged interest on the overdue payment.





The bits ive put in bold are the bits that worried me initally, however the blue bit seems to say that the land registery has to be done AFTER the stamp duty is paid, not BEFORE, so that is reasuring, stamp duty likely to have been paid, but solicitor not approached the land registary.


Would the IR really charge the buyer for not paying the stamp duty on time, when the delay is not the buyers fault?


Isayoldchap, did the IR say anything about penalties?

Hi
Thanks to Richard for his input.
The sellers solicitor has said that on the 12/10/09 the discharge mortgage papers of his client were sent off to Wolstenholmes.(we completed 6/10/09)
He is confident that his office has done their bit.

I am waiting for the LCS to deal with my case.They have been advised of this.

lindos90

Just a quick update to this,
My solicitor (well his secretary) has replied to my written query about the outstanding title deed:

Your title deeds are presently with H M Land Registry pending registration. I will forward copy of your Title Information Document when we receive the same.

I asked when exactly they raised the application and was told 18th jan (very similar time to when I wrote to them, big coincidence I think!!)

Anyway, called the land registry, who again confirmed that no applications have been made to change the deeds, and confirmed that the previous owners name is still on the title deeds. They also confirmed that they do not have 'pending' work (as suggested by the solicitor) and they usually process work within 24 hours.

I am beginning to wonder if they have applied for the deeds of the wrong house (ie the same house that they got the serches for by mistake!!)

So where do I go from here? Solicitor says they have applied, land registry say they have not.

Richard_Webster

If they sent their application off on 18 January it should have come back by now so I would write to the solicitor saying that you were told they had applied on 18 January but the LR have no record of the application and would they please explain the position.

lindos90

Richard_Webster wrote: »

If they sent their application off on 18 January it should have come back by now so I would write to the solicitor saying that you were told they had applied on 18 January but the LR have no record of the application and would they please explain the position.

I have now done this (via email, as this is how they responded to my letter)

I have told them what the land registry told me (ie no application made, house still in previous owners name, no pending and no backlog)

I have also said that because of this and the other mistakes and delays, I was very unimpressed with their service.

I think its very obvious that they had forgotten to do it and have reopened the file the day I sent my letter, they say nothing of a delay due to the pervious owners mortgage lender. I think if I had not written to them the land registry would not have been updated at all. Not through conciously 'keeping the money' just sheer incompitence.

Having said that, the person from the land registry said that solicitors do sometimes forget after completion date they 'get on' with new work as they see that is their priority, she said they have had applications made 3 years after purchase, so maybe my 3 months is not that bad!!

lindos90

OK, so after a couple of emails from me requesting they explain why they say they have applied, and the land registry say they have not (bare in mind, we completed at the end of October last year):

Unfortunately although the application was dated 18th January our Accounts department were a little slow in processing the fee and the application was actually sent on the 25th. The Land Registry are dealing with applications very quickly at the moment and it should be back within days. Please accept my apologies for the delay and be assured that your position is in no way prejudiced so far as the ownership of the house is concerned.

The 25th being the date when I told them that I knew they had not applied to the land registry....coincidence is it not!?!

My response,

Thank you for your email.

By sheer coincidence you just happened to process the application on the very same day that I emailed to tell you that I knew you had not applied when you said you had !?

I find it quite unbelievable that you expect be to believe this.

On top of all the other mistakes, delays and poor communication is simply just not good enough.

It has been 3 months since completion, why has it taken this length of time to apply for this?



....and depending what flannel I get back from him Im concidering escalating this to an official complaint. (about all the mistakes, not just the deeds issue)

LondonSurgeon

If your solicitor will not answer you, then put it all in writing and send recorded delivery with a deadline for response. In the letter write that if there is no response then you will be contacting the Legal Complaints Service. 0845 608 6565. http://www.legalcomplaints.org.uk/home.page.

LondonSurgeon

I have on a number of occasions reported my conveyancers to the legal complaints for mistakes and poor conduct. In each complaint I have secured my fees back from the solicitor. Dont let them take you for a ride. They provide a service.

Oakministries

My wife and I were wondering how I can go about changing the title deed on our property to remove the garage?

We have a freehold property with a separate garage in a block of 13.

Richard_Webster

My wife and I were wondering how I can go about changing the title deed on our property to remove the garage?

We have a freehold property with a separate garage in a block of 13.

Better really to start a new thread because this question isn't really to do with OP's post about delays in registration of the transfer to him.

Anyway why does Oakministries want to remove the garage? Is it to be sold separately? If so solicitors simply produce a transfer of part (TP1) with a plan showing the area to be transferred to someone else. Land Registry remove it from main title and issue a new title number to buyer. Not necessary to do anything before a sale though - the Land Registry deal with this afterwards.