Purchasing property with Notice of Home Rights

maurice28

Hi all,

Not sure if anyone can offer any advice on this. We're currently looking into the possibility of moving house, and have seen a property of potential interest.

It's leasehold, so I have paid to download a copy of the Title Register to check the details of the lease. It looks like it has 852 years left to run, with rent listed as £14, which seems safe enough.

However, under the Charges Register, from May 2017 it states 'Notice of home rights under the Family Law Act 1996 in favour of Jane Doe, the spouse or civil partner of John Doe [who is listed as Proprietor of the home]'.

I've Googled the notice of home rights and understand it to be proof that the person living there has a right to as a partner of the person who owns the house. I just wondered what, if any, complications this kind of register can add to the purchase process?

AdrianC

None whatsoever, because you simply won't exchange without the vendor providing assurance of vacant possession - and if that isn't provided for completion, then the vendor is liable for your expenses incurred until they can provide it.

bouicca21

It means Jane Doe wants to be certain of getting her whack when the property is sold.

TBagpuss

Your solicitor will ned to ensure that the sellers remove the notice before you exhcange.

It may be that it is an old notice that wasn't removed when divorce proceedings were completed, in which case this will be very easy, 'John Doe' will simply send a coy of the Decree Absolute or Final order to the Land Registry to remove the notice.

If they are still in the process of divorcing then it will be a little more complicated as the two of them will either ned to reach a deal, r agree that the finds will be held y one of their solicitors while they ight, but either way, your position is that the notice needs to be removed before you can proceed.

ThePants999

TBagpuss wrote: »

Your solicitor will ned to ensure that the sellers remove the notice before you exhcange.

Surely an undertaking from the seller's solicitor to have it removed by (or shortly after) completion would suffice, just like a mortgage lender's charge? There is no sale until exchange, so it would be premature to remove someone's right to reside in the house prior to exchange.