Can I sell my flat with a pending application to transfer the freeholder?

redcat99

I’m just wondering if anyone has any advice or has been in a similar situation? 

We live in a block of flats (leasehold) The freehold was purchased by a property investor in November last year. 

There is a pending application to update the freehold title with the land registry. The application was made in December last year and it still hasn’t gone through. Our buyers solicitor has requested ‘a copy of the transfer which is in the process of registration. We need to be clear on the ownership of the Freehold’

Our solicitor has asked our freeholder’s solicitors for this information, but they are refusing to (I presume because of data protection).

The block next door to us also had the freehold purchased last year and one of the flats has completed their sale in August despite there being a pending application. 

I guess my question is are our buyer’s solicitors being extra picky about needing this information? 

We were just about to exchange when this came up, so I’m feeling very stressed now!

redcat99

@Land_Registry Can I complete the sale of my flat with a pending land registry title? 

The original freeholder has sold the freehold to someone else last year… their application is still pending to transfer the title (they applied in December 2023) 

Any help on their matter would be very much appreciated. Thank you in advance! 

user1977

redcat99 said:

I guess my question is are our buyer’s solicitors being extra picky about needing this information? 

Yes. It's sold. That's why there's a pending application. No idea why they think they need to see the application.

Isn't your solicitor giving you any advice?

redcat99

user1977 said:

redcat99 said:

I guess my question is are our buyer’s solicitors being extra picky about needing this information? 

Yes. It's sold. That's why there's a pending application. No idea why they think they need to see the application.

Isn't your solicitor giving you any advice?

Our solicitor is going to see if they can expedite the application. I’m guessing this is a lengthy procedure even if it does get accepted. 

They mentioned that our buyers solicitors may have different protocols in place about what information they require. 

I will speak to them again tomorrow. Thank you for your reply! 

EssexHebridean

As a Leaseholder you should have been informed who your freeholder now is - has that happened? If so then I suggest giving a copy of that letter to your solicitor to pass to the other side. The transfer has already handed, so the ownership has already changed. 

If you have not been informed about the new freeholder then that is another question and would explain the reason for the concern fromthe buyer’s solicitor I suggest. 

redcat99

EssexHebridean said:

As a Leaseholder you should have been informed who your freeholder now is - has that happened? If so then I suggest giving a copy of that letter to your solicitor to pass to the other side. The transfer has already handed, so the ownership has already changed. 

If you have not been informed about the new freeholder then that is another question and would explain the reason for the concern fromthe buyer’s solicitor I suggest. 

We were never officially informed of who the new freeholder was. We found out via the management company. We didn’t receive a letter, but I am planning to contact the freeholder tomorrow. I will ask them if they could send a letter stating they are the freeholder- that is a great idea. Thank you! 

EssexHebridean

Gut feeling is that it’s the lack of information that is the issue here then - hopefully getting that clarified will sort things out. 

Land_Registry

redcat99 said:

@Land_Registry Can I complete the sale of my flat with a pending land registry title? 

The original freeholder has sold the freehold to someone else last year… their application is still pending to transfer the title (they applied in December 2023) 

Any help on their matter would be very much appreciated. Thank you in advance! 

It's up to the conveyancer as to when completion can take place although if the buyer has a mortgage then ultimately it's the lender that has the final say. I suspect that's the case here as some lender mortgage products will have a different level of 'risk' attached to them so whilst one buyer may complete another may not as the lender's product says NO until everything is aligned 
If the conveyancer feels that they can complete after seeing sight of the Transfer then they can apply for an official copy of the Transfer even though it's part of a pending application