Lease transfer and ID1 process or alternative options?

jeremy2012

Hi, looking for some advice as slightly confused.

we are a Block of 4 flat with share of the freehold.

One is selling and close to completion and we have received signature pack (from solicitor seller) that include lease transfer (TR1) to be signed by all party (ok here, BAU process) as well as ID1 request (that is the items which seems painfull)

In previous sales, I never had to do that ID1 process but show passport, & bills for proof of address & ID to solicitor or estate agent to get them certified which was enough and did not include any cost.

Solicitor say that we need to use someone else to verify the ID1 -an other practise and when checking on line, it seems that come with a cost...

That seems to be a lot of work for us who are staying in…

Has the conveyancing process change? Recommendations on this? 

Thanks,

loubel

You have to get your ID confirmed to prove that you are one of the freeholders. You wouldn't do this when buying or selling yourself as your solicitors check your ID and confirm this to the Land Registry but these solicitors don't act for you and so cannot do this. You'll need to contact some local firms and ask if they offer this service (or instruct a firm to act for you on the transfer if preferred ) and be aware that you'll need to do this anytime someone sells their interest in the freehold. If you haven't already got a declaration of trust in place settling out the terms of this co-ownership then this might be a good time to get that sorted - and this could include covering costs of the transfer.

PS you mention being sent a leasehold Transfer but I'm assuming the TR1 you've been sent relates to the freehold title given you've said you are asking about a share of freehold. If you don't understand what you've been asked to sign then get advice on it before doing so.

jeremy2012

loubel said:

PS you mention being sent a leasehold Transfer but I'm assuming the TR1 you've been sent relates to the freehold title given you've said you are asking about a share of freehold. If you don't understand what you've been asked to sign then get advice on it before doing so.

Thanks Loubel for your feedback.
 Yes I believe this is related to what you mentioned - freehold name adjustment - have added screen shot from the solicitor letter. 

I believe this should be straight forward or should we as the other freeholder consult with solicitor advice to double check? 

jeremy2012

loubel said:

You have to get your ID confirmed to prove that you are one of the freeholders. You wouldn't do this when buying or selling yourself as your solicitors check your ID and confirm this to the Land Registry but these solicitors don't act for you and so cannot do this. You'll need to contact some local firms and ask if they offer this service (or instruct a firm to act for you on the transfer if preferred ) and be aware that you'll need to do this anytime someone sells their interest in the freehold. If you haven't already got a declaration of trust in place settling out the terms of this co-ownership then this might be a good time to get that sorted - and this could include covering costs of the transfer.

Thanks so much for your feedback Loubel, on the first part, I agree that ID check and Proof of address need to be done. BAU approach. My question is that before, (in the last 4 years, when that flat was sold twice) approach was different. And we were able to share ID's with estate agent who did certified them.

Trying to understand why things are now different in that specific sale.

Many thanks in advance

loubel

If you've gone through it before then I wouldn't think it would be necessary for you to take independent legal advice unless you have any questions on what they've sent you. Presumably you are happy with the names coming off and going onto the title and the terms of this as set out on the TR1. 

Perhaps the previous solicitors were happy to sign off that they had confirmed your ID from the copies you provided. 

jeremy2012

loubel said:

If you've gone through it before then I wouldn't think it would be necessary for you to take independent legal advice unless you have any questions on what they've sent you. Presumably you are happy with the names coming off and going onto the title and the terms of this as set out on the TR1. 

Perhaps the previous solicitors were happy to sign off that they had confirmed your ID from the copies you provided. 

Thanks so much Loubel on your feedback - greatly appreciated. 

Cashmygiro

A family member had to do an ID1 not long ago, they got a local solicitor to confirm their ID for a nominal fee. I think they paid £30.

I assume most local back street solicitor offices will do it.

jeremy2012

Cashmygiro said:

A family member had to do an ID1 not long ago, they got a local solicitor to confirm their ID for a nominal fee. I think they paid £30.

I assume most local back street solicitor offices will do it.

But the cost should be the responsibility of the seller? Rather than the people left in the block? Is my perspective. If they want us to sign, they will have to agree to pay any expenses that we are liable for the ID check.

Cashmygiro

jeremy2012 said:

Cashmygiro said:

A family member had to do an ID1 not long ago, they got a local solicitor to confirm their ID for a nominal fee. I think they paid £30.

I assume most local back street solicitor offices will do it.

But the cost should be the responsibility of the seller? Rather than the people left in the block? Is my perspective. If they want us to sign, they will have to agree to pay any expenses that we are liable for the ID check.

That's a conversation you will need to have with your seller to ask them.

jeremy2012

Cashmygiro said:

jeremy2012 said:

Cashmygiro said:

A family member had to do an ID1 not long ago, they got a local solicitor to confirm their ID for a nominal fee. I think they paid £30.

I assume most local back street solicitor offices will do it.

But the cost should be the responsibility of the seller? Rather than the people left in the block? Is my perspective. If they want us to sign, they will have to agree to pay any expenses that we are liable for the ID check.

That's a conversation you will need to have with your seller to ask them.

Agree and we will - but the question here I am asking and apologies if my thread was not clear. Why current owner should be liable to pay for ID1 check each time someone is selling?
Should the cost not be attributed to the seller? 

user1977

Yes, you can attribute the costs to the seller if you want. Though if everybody is equally likely to be the seller, surely it all evens out anyway?