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  • Land Registry
    Please help me with the fee scale relating to transfer of ownership. My mum is transferring her house worth £200 k to me. However no money is being exchanged as it’s a gift. What fee would we need to send along to the land registry with the completed tr1 form ?
    Originally posted by Smb3088
    Scale 2 on the value - so if it's exactly £200K the fee is £60
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Land Registry
    Hello LR

    I'm in the process of handing over a leasehold apartment to one of our children.
    We are not using a solicitor for the conveyancing other than the 1D!
    The apartment has a 98 year remaining.
    About the lease owners where do we include their information on the TR1, please
    Thanks
    Originally posted by paulinefromtheuk
    The lease owners are presumably the registered proprietors. As such they are the Transferors in your described scenario
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Land Registry
    Hi

    I’m a homeowner and live alone. Are there any plans to introduce a single person discount on rates as offered in england on council tax ? It doesn’t seem right that I pay the same as my neighbour who is 4 person household and we’re all getting the same services.

    Thanks
    Originally posted by Gillian hodge
    HMLR don't deal with rates/council tax so I'd suggest contacting whoever levies these in your area to check what future plans may exist.
    Last edited by Land Registry; 08-11-2018 at 6:16 AM.
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Land Registry
    Hello again, Land Registry

    It seems that we are now going down the deed of rectification route.

    Is it possible for you to give an estimate for long long it takes to register such deeds at Land Registry, assuming that all paperwork is correct?
    Originally posted by SeasideSally
    Hello. It is difficult to say in advance of the application being made, but if for example, we need to service notice then that will delay things. If there is a request for expedite which is granted then that should mean that the case is considered quicker.
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • laskoibence
    • By laskoibence 8th Nov 18, 3:18 PM
    • 22 Posts
    • 0 Thanks
    laskoibence
    I can confirm that we wrote out to the solicitors acting yesterday to raise two points that need to be resolved before the case can proceed.
    Originally posted by Land Registry
    The solicitors have confirmed, that they replied for all the questions from LR, is anything else needs to be done, before You can remove the restriction?
    • Shelleybob
    • By Shelleybob 8th Nov 18, 6:43 PM
    • 2 Posts
    • 0 Thanks
    Shelleybob
    Ap1
    An RX4 is an application to withdraw a restriction. It does not change the registered ownership.

    RX4s are submitted by the beneficiary of the restriction and the average timescale involved is around 2 weeks providing its in order and we don't have to carry out wider checks re it's authenticity
    Originally posted by Land Registry
    Thank you for your response. It is in fact an AP1 form that has been submitted and they have now requested a Certificate of Compliance from the management company involved with the property we are purchasing. There is a restriction placed on the property which should never have been there and this needs to be removed. Once you have received the certificate and assuming all other documentation is in order what is the timescale likely to be on the restriction being lifted?

    We are now at risk of our own property sale falling through and losing out on the home we are purchasing.

    Many thanks
  • Land Registry
    Thank you for your response. It is in fact an AP1 form that has been submitted and they have now requested a Certificate of Compliance from the management company involved with the property we are purchasing. There is a restriction placed on the property which should never have been there and this needs to be removed. Once you have received the certificate and assuming all other documentation is in order what is the timescale likely to be on the restriction being lifted?

    We are now at risk of our own property sale falling through and losing out on the home we are purchasing.

    Many thanks
    Originally posted by Shelleybob
    If everything needed is submitted and we don't have to contact the restrictioner/Management Co to confirm all ok then it's normally completed in a few days
    Your solicitor should be able to confirm if all in order and also if any further delays are likely - they can check progress through their access to our online services
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Land Registry
    The solicitors have confirmed, that they replied for all the questions from LR, is anything else needs to be done, before You can remove the restriction?
    Originally posted by laskoibence
    Hi. As mentioned in our previous reply, we wrote out again on 6 November to the solicitors acting to raise two points that needed to be resolved before the case can proceed. At the time of writing, we have not received a reply.
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • laskoibence
    • By laskoibence 9th Nov 18, 4:06 PM
    • 22 Posts
    • 0 Thanks
    laskoibence
    Hi. As mentioned in our previous reply, we wrote out again on 6 November to the solicitors acting to raise two points that needed to be resolved before the case can proceed. At the time of writing, we have not received a reply.
    Originally posted by Land Registry
    I see. I'm just wondering why did they say, that they have replied, if they have not.
    • davidmcn
    • By davidmcn 9th Nov 18, 5:50 PM
    • 9,070 Posts
    • 9,656 Thanks
    davidmcn
    I see. I'm just wondering why did they say, that they have replied, if they have not.
    Originally posted by laskoibence
    Is it at all possible that they were referring to their previous reply to the LR, and hadn't yet get round to (or possibly not received) the LR's response of 6 November? Feel free to ask your solicitors to join in the discussion here, as that might clarify matters
    • pt1188
    • By pt1188 10th Nov 18, 1:05 PM
    • 23 Posts
    • 2 Thanks
    pt1188
    Leasehold and share of freehold transfer
    Apologies fir a delayed response on this one.

    Freeholds very rarely have a 'notional value' even with leases granted. If the transfer is not for value, namely a gift/no monetary consideration, and you do not provide ID1s for the other parties, then you'll need to confirm the current market value of the freehold to show it's value is truly under £6k and that most of the value is included in the leaseholds.

    If you choose that option I woukd recommend that you get a valuation from a local agent. And also bear in mind that we reserve the right to request evidence of identity on all applications.

    You will need to submit separate AP1s for each transfer but you can rely on the same evidence of identity for each if submitted together
    Originally posted by Land Registry
    Thanks for your reply LR.

    I did ring your helpline and it was suggested that I provide a covering letter explaining why ID1's are not supplied for the other joint freeholders as the value is less than 6k. However if, as you say, I should get an agent's valuation would I need to enclose it with the application to support my case? Or would my covering letter suffice.

    I accept that in either case you would still reserve the right to ask for ID1's for all concerned.

    Thanks again.
  • Land Registry
    Thanks for your reply LR.

    I did ring your helpline and it was suggested that I provide a covering letter explaining why ID1's are not supplied for the other joint freeholders as the value is less than 6k. However if, as you say, I should get an agent's valuation would I need to enclose it with the application to support my case? Or would my covering letter suffice.

    I accept that in either case you would still reserve the right to ask for ID1's for all concerned.

    Thanks again.
    Originally posted by pt1188
    My advice is to get a valuation and submit that with the application as supporting evidence. To not do so may mean that the caseworker asks for that evidence once the papers are considered.

    We won't decide on that point until an application is actually submitted
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • AnnieM2
    • By AnnieM2 12th Nov 18, 1:12 PM
    • 5 Posts
    • 1 Thanks
    AnnieM2
    Hoping the LR can provide some guidance here. I am in the process of buying a house which was previously a leasehold house. In February 2018 the owner bought the freehold but in the process an error was made whereby the charges on the title (a mortgage and a loan) were removed in error. I have received correspondence confirming that the error was made by the LR and that in order to rectify it has reinstated the LEASEHOLD title. Separately I have received anecdotal feedback (ie not in the contents of the letter from LR) that the original solicitor spoke with the LR legal team and was advised that after our transaction completes I can apply to have the leasehold title merged into the freehold.

    I’m incredibly concerned that this route will lead to me buying a leasehold house against my will. With no evidence from the LR that it’s possible to ‘extinguish/merge’ the title after the sale what protection do I have?

    Would appreciate LR feedback on this.
  • Land Registry
    Hoping the LR can provide some guidance here. I am in the process of buying a house which was previously a leasehold house. In February 2018 the owner bought the freehold but in the process an error was made whereby the charges on the title (a mortgage and a loan) were removed in error. I have received correspondence confirming that the error was made by the LR and that in order to rectify it has reinstated the LEASEHOLD title. Separately I have received anecdotal feedback (ie not in the contents of the letter from LR) that the original solicitor spoke with the LR legal team and was advised that after our transaction completes I can apply to have the leasehold title merged into the freehold.

    I’m incredibly concerned that this route will lead to me buying a leasehold house against my will. With no evidence from the LR that it’s possible to ‘extinguish/merge’ the title after the sale what protection do I have?

    Would appreciate LR feedback on this.
    Originally posted by AnnieM2
    Very difficult to pass anything but general comment as the devil is always in the detail re these things.

    IF I have understood your post correctly the current owner applied for merger, that was granted, but the existing mortgage (against the Leasehold) was not redeemed so we erred in closing it.

    If that's the case then I assume the sale, if both freehold and Leasehold to you, will allow the seller to redeem the mortgage. And you can then apply to merge the two tenures and close the Leasehold.

    So the key is presumably to ensure that you are buying both the freehold and Leasehold tenures. And if you have a new mortgage it is against the freehold only.

    But this us not the detail we can advise you on formally. You must rely on your own legal advice before proceeding
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • konark
    • By konark 13th Nov 18, 12:29 AM
    • 1,112 Posts
    • 839 Thanks
    konark
    I'm currently applying (via my solicitors) for first-time registration of an unregistered property as I wish to take out a lifetime mortgage. Could you please tell you what the time-scale would be for the LR to process this.
  • Land Registry
    I'm currently applying (via my solicitors) for first-time registration of an unregistered property as I wish to take out a lifetime mortgage. Could you please tell you what the time-scale would be for the LR to process this.
    Originally posted by konark
    The current average timescale for a first registration is around 34 working days
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • AnnieM2
    • By AnnieM2 13th Nov 18, 11:56 AM
    • 5 Posts
    • 1 Thanks
    AnnieM2
    Thank you, yes you are correct that the current owner purchased the freehold and a new freehold title was created to replace the leasehold title. However the mortgage charges from the leasehold title were not paid off and were in error not applied to the freehold title.

    The new freehold title now references a 999 year lease, and the leasehold title has been reinstated. There is no assurance from the LR letter that the two can be merged. My solicitor says that it should be ok to apply to merge the two post purchase but it seems to be that I have to accept a risk on this as well as the legal costs to rectify the error.

    The other solicitor also referenced two possible routes: 1 to ‘extinguish the leasehold title’ or 2 to ‘merge the two titles’. What is the difference? Will I be able to ensure it is route one? I do not wish to own a home with any leasehold given the issues with resale.

    Is this standard practice?
  • Land Registry
    Thank you, yes you are correct that the current owner purchased the freehold and a new freehold title was created to replace the leasehold title. However the mortgage charges from the leasehold title were not paid off and were in error not applied to the freehold title.

    The new freehold title now references a 999 year lease, and the leasehold title has been reinstated. There is no assurance from the LR letter that the two can be merged. My solicitor says that it should be ok to apply to merge the two post purchase but it seems to be that I have to accept a risk on this as well as the legal costs to rectify the error.

    The other solicitor also referenced two possible routes: 1 to ‘extinguish the leasehold title’ or 2 to ‘merge the two titles’. What is the difference? Will I be able to ensure it is route one? I do not wish to own a home with any leasehold given the issues with resale.

    Is this standard practice?
    Originally posted by AnnieM2
    We would not provide any such assurance but would refer to our Practice Guide which sets out the registration guidance as to when a lease might be determined. Merger is one option but you'd have to ask the solicitor what they mean by 'extinguished'

    Section 3 deals with merger and how to make such an application when both tenures are in the same ownership.

    Key parts which appear relevant to your circumstances are
    Section 2.1.2 Incumbrances affecting the determined lease - this will presumably not affect as the leasehold charge(s) will be redeemed on sale by the seller/their lender(s)
    Because the charges will only be redeemed on sale/purchase it is this which ties their/your hands and the need to complete before applying to merge

    Section 3.4 Beneficial easements affecting the leasehold estate - this is a very important question and really comes ahead of everything else as sometimes a leasehold title may benefit from easements the freehold does not

    It is though your conveyancer you must rely on here to advise you
    Last edited by Land Registry; 13-11-2018 at 12:26 PM.
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • AnnieM2
    • By AnnieM2 13th Nov 18, 12:31 PM
    • 5 Posts
    • 1 Thanks
    AnnieM2
    Thank you, LR for your prompt response
    • listless
    • By listless 13th Nov 18, 12:54 PM
    • 1 Posts
    • 0 Thanks
    listless
    Lease extension delay holding up freehold purchase
    The leaseholders in my block are looking to buy the freehold through enfranchisement due to a vexatious freeholder/management company alter ego duo. Before joining the enfranchisement action one of the leaseholders had a lease extension complete. We're now waiting on the LR to reflect this in their records and our solicitor has said that the LR is refusing to expedite the work.

    So what is the delay for lease extensions at the land registry? And why cannot this be expedited?
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