Solicitor completed without the seller's TR1

mailmos98

I purchased a property auction and completed on the purchased on 01/11/2024.  For the conveyancing, I used  a solicitor whose head office is in London.

The property was purchased with a sitting tenant and today I attempted to start an eviction process.  For this, I had to provide prove of ownership so I contacted the Land Registry who inform me that the have not yet received an application to register my ownership.

 I immediately emailed the solicitor and I find his replying alarming.  He states:

“We are yet to receive a copy of the sellers TR1, without which we cannot submit our application. We have chased this, again, this afternoon.

 You position remains protected by way of an OS1.”

 After receiving this reply, I did some initial research online and found the following:

 “If you are the seller, then your solicitor should have sent you a completed TR1 Form to sign and return. If you have not received this, or not sent it back, your solicitor will not be able to give this to the buyer's solicitor and the completion will be delayed.”

 

This concerns me as it suggests completion should not have gone ahead without the sellers TR1.

 

Your advice would be greatly appreciated.

 

Mike

Mark_d

Sounds odd.  Are you registered as the owner:
https://www.gov.uk/search-property-information-land-registry

Hermann

Two other threads worth a read as plenty of comments regarding no TR1 throughout...

https://forums.moneysavingexpert.com/discussion/6341934/sale-completed-but-tr1-form-not-signed-by-vendor

https://forums.moneysavingexpert.com/discussion/comment/78953129

ChirpyChicken

Our vendors solicitor had messed up the TR1. Solicitor chased it got it sorted then submitted and then I personally got it expedited. In the end very easy.

mailmos98

Mark_d said:

Sounds odd.  Are you registered as the owner:
https://www.gov.uk/search-property-information-land-registry

No, thats the issue.

EssexHebridean

As a rule there would be an undertaking from the selling solicitor that they were in receipt of a signed TR1 before completion, but the actual document gets sent afterwards. 

FlorayG

I hope you mean 'tenant in situ' and not 'sitting tenant' as the latter are almost impossible to evict.There's a legal difference

mailmos98

FlorayG said:

I hope you mean 'tenant in situ' and not 'sitting tenant' as the latter are almost impossible to evict.There's a legal difference

yes, 'tenant in situ'.  Sorry.