Iva restriction on my home

joshdas

I am in the process of selling my home but I have a restriction on it by my iva practioner advising I need their consent. My conveyancer has notified my iva practioner. Can I still sell my home or do they have the power to stop it. Thanks

km1500

They will want whatever it is to remove the restriction so you can sell - they will inform you, but it is likely to be money.

SDLT_Geek

joshdas said:

I am in the process of selling my home but I have a restriction on it by my iva practioner advising I need their consent. My conveyancer has notified my iva practioner. Can I still sell my home or do they have the power to stop it. Thanks

It would help to know the form of the restriction; some are automatically removed by the Land Registry on a transfer of ownership.  Perhaps it is a form II restriciton like this:

"No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to {name} at {address}."

There is information about restrictions here https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register/practice-guide-19-notices-restrictions-and-the-protection-of-third-party-interests-in-the-register including at 6.10 details for Individual Voluntary Arrangements.

ReadingTim

Ask your conveyancer - this is literally what you're paying them for!