Land Registry questions

Land_Registry

Wilt said:

Hi @Land_Registry

Quick general question, what's the approx waiting time for non-expedited AS1 forms to be actioned?

Rough estimate 4-5 month wait but timescales can and do vary 

CCJJ

Hi Land Registry

Back again - can I please get an update on BM322340?

The restrictioner re-sent their consent by email Tuesday morning so hopefully progressing now.

Thanks

I_am_dazed_and_confused

In January 1981 I purchased a very modest back-to-back terraced house for £2500.  Eighteen months later I was offered a volunteer job on the other side of the world, so I hurriedly sold the property to a colleague.  I don't recall any solicitor being involved and have no records of the arrangement.  Part of the deal was that the buyer was to take care of the legal formalities, but he apparently never got round to doing so.  

I re-settled in the UK in 1999, 200 miles from the previous property.

Last year I was contacted by the Local Authority; they informed me that I was the still owner of record with the Land Registry and as the propery is untenanted I am responsible for Council Tax.  Because the house had been - according to the LA - over a decade it attracts a 300% premium on top of the regular CT.

I wrote to the buyer, at the address of the property in question, and - rather to my surprise - received a hand-penned reply in which he apologised for leaving me in this predicament.  We've exchanged views over the phone a few times since.  According to him, he lived in, and paid the CT due on, the property for several years but has been refusing to pay for the last couple of years (at least) as he disputes their assessment of the amount due.  As well as being in poor physical health it is evident that he is now very disorganised in both mindset and lifestyle.

 

The LA is aware of the situation but insists that the CT liability - past present and future, and currently around £10,000 that I simply don't have - is legally mine. They are initiating proceedings against me to recover the CT arears.

So there are now three issues: ownership and the Land Registry title; liability for the CT arrears, and liability for CT going forwards.  

I've offered to pay the arrears and forward CT at the regular rate to get them off my back on the grounds that - until they themselves told me - I didn't know I still owned the property, let alone that it was standing empty! 

The LA have just told me that they insist on the full CT inc. the empty-property premiums, have run out of patience waiting to collect their CT and are preparing to put the matter in the hands of bailiffs.

Any suggestions?

Land_Registry

CCJJ said:

Hi Land Registry

Back again - can I please get an update on BM322340?

The restrictioner re-sent their consent by email Tuesday morning so hopefully progressing now.

Thanks

The title was updated on the 7th so the application has been completed 

Land_Registry

I_am_dazed_and_confused said:

In January 1981 I purchased a very modest back-to-back terraced house for £2500.  Eighteen months later I was offered a volunteer job on the other side of the world, so I hurriedly sold the property to a colleague.  I don't recall any solicitor being involved and have no records of the arrangement.  Part of the deal was that the buyer was to take care of the legal formalities, but he apparently never got round to doing so.  

I re-settled in the UK in 1999, 200 miles from the previous property.

Last year I was contacted by the Local Authority; they informed me that I was the still owner of record with the Land Registry and as the propery is untenanted I am responsible for Council Tax.  Because the house had been - according to the LA - over a decade it attracts a 300% premium on top of the regular CT.

I wrote to the buyer, at the address of the property in question, and - rather to my surprise - received a hand-penned reply in which he apologised for leaving me in this predicament.  We've exchanged views over the phone a few times since.  According to him, he lived in, and paid the CT due on, the property for several years but has been refusing to pay for the last couple of years (at least) as he disputes their assessment of the amount due.  As well as being in poor physical health it is evident that he is now very disorganised in both mindset and lifestyle.

 

The LA is aware of the situation but insists that the CT liability - past present and future, and currently around £10,000 that I simply don't have - is legally mine. They are initiating proceedings against me to recover the CT arears.

So there are now three issues: ownership and the Land Registry title; liability for the CT arrears, and liability for CT going forwards.  

I've offered to pay the arrears and forward CT at the regular rate to get them off my back on the grounds that - until they themselves told me - I didn't know I still owned the property, let alone that it was standing empty! 

The LA have just told me that they insist on the full CT inc. the empty-property premiums, have run out of patience waiting to collect their CT and are preparing to put the matter in the hands of bailiffs.

Any suggestions?

If you are still registered as the legal owner then there’s nothing to do from our end 
The wider liability issues won’t fall within our remit but others may be able to help? 

I_am_dazed_and_confused

Thanks anyhoo.  Anybody else able to suggest anything? 

Tiglet2

I_am_dazed_and_confused said:

Thanks anyhoo.  Anybody else able to suggest anything? 

Probably best if you start a new thread, since you will need the advice of legal experts rather than the Land Registry.

It sounds as though your colleague has been living in your property for the last 40 years and actually did not go through the legal conveyancing process to transfer the property into his name.  You would have had to sign the documents for the transfer to allow it to go ahead.  Presumably your colleague 'paid' you for the property.  But it sounds as though you didn't sign anything.

As a starting point, you should download a copy of the title deeds from Land Registry just to confirm that you are still the legal owner.  This is probably what the Council have done and why they have contacted you following the non-payment of council tax by your colleague.

If your colleague is living in the property, but the property is registered to you, then your colleague is actually your tenant and therefore the property is tenanted.  Your colleague would have been responsible for the council tax, but equally should have been paying rent to you, which you would declare to HMRC and would have to complete a Self-Assessment tax form each year.  If your colleague was the owner, he would also be responsible for the council tax.  This is a real mess, assuming your colleague never paid any rent and has been living there rent free for over 40 years.  This may make him a Protected Tenant or a Sitting Tenant, even if no Tenancy Agreement was actually put in place.  

If he paid you for the property in 1981, perhaps the easiest way forward is to now instruct conveyancing solicitors to transfer the property to him with no consideration (you'll both need representation) or if you want to try and evict him, speak to a solicitor experienced in Landlord & Tenant Law, because this is complicated.  Hopefully you might be able to get a free 30 minute consultation for an overview of how to proceed. 

As far as sorting out the finances between you, that could be very complicated, particularly if there is no paperwork to provide evidence to show that stamp duty (or a stamp duty return) was paid in 1981 or that no rental payments were made in the last 40 years and certainly nothing declared to HMRC.  I'm not experienced in tax affairs, but hopefully someone more knowledgeable will come along.

Do start a new thread though.

CCJJ

Land_Registry said:

CCJJ said:

Hi Land Registry

Back again - can I please get an update on BM322340?

The restrictioner re-sent their consent by email Tuesday morning so hopefully progressing now.

Thanks

The title was updated on the 7th so the application has been completed 

Many thanks - your responses in this forum really are invaluable.  Apparently my conveyancer won't even give me good news in a timely fashion.  Should be able to leave you alone now.

fmboy

Land_Registry said:

fmboy said:

Hi @Land_Registry many thanks for your help so far. With regards to title TGL334313, I have now got the updated OCE relating to the parking space but not the removal of the 2010 charge yet. The vendor has confirmed that they have responded to LR's 8th Sept requisition early last week. Are you able to confirm please? I want to double check as previously they said they did which turned out to be false. 

Thank you

Whilst they did reply it’s not resolved the issue and we’ve contacted them again to explain 

Hi @Land_Registry, sorry to keep chasing but I've been told the conveyancer has submitted a new DS1 to address the question raised. Are you able to confirm if the conveyancer has responded since the 7th Nov?

Elasrofton

Hi @Land_Registry has there been any update on SGL208177 since May? 

I have been informed the owners have submitted a removal

Thanks