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Paid for property but seller not transferring deeds

30 replies

Madeabigmistake · 04/10/2024 04:41

I'll start by saying I know I've been really stupid here!

Bought a leasehold property a few months ago (from a company, not an private individual). Didn't go through solicitors. Signed the lease and transferred the money. Company said they would get the relevant land registry forms but several months later and this still hasn't been done. I have chased and they say they will sort out but it never happens.

What can I do? Can I register an interest in the property? Or should I try to take them to court?

OP posts:
NigelHarmansNewWife · 04/10/2024 04:45

Was this commercial or residential property?

Madeabigmistake · 04/10/2024 04:47

@NigelHarmansNewWife residential

OP posts:
fairenough24 · 04/10/2024 04:54

You get legal advice from a specialist property lawyer.

NigelHarmansNewWife · 04/10/2024 05:02

Did you and the company sign a TR1, assuming you are in England or Wales? Are you living in the property? Have you checked the records with the Land Registry?

I echo the pp, you need to contact a solicitor.

bergamotorange · 04/10/2024 06:02

You need legal advice.

I know it is done now, but why did you not use a solicitor?

NigelHarmansNewWife · 04/10/2024 06:05

Presumably cash purchase and no mortgage. Thought it would save money too.

Nottodaythankyou123 · 04/10/2024 06:15

A few q’s:

Residential or commercial?

Did you sign the TR1 (the form that transfers the land that’s lodged with the Land Registry).

Was it a new lease or an existing one - if so did you check there was no requirement for consent from the freeholder. a requirement to formally notify them, or a deed of covenant that you needed to enter into?

If it’s a leasehold flat - did you check the Building Safety Act which is relevant to blocks over a certain height?

Is any ground rent up to date, and what’s the service charge situation going forward? Did they give you LPE1 replies from the freeholder so you know there’s no unexpected surprises.

Lastly, in case you weren’t aware, you’re going to need to get a solicitor to verify your ID, and that of the director acting for the company, to submit the forms to the Land Registry.

Nottodaythankyou123 · 04/10/2024 06:17

Oh and almost most importantly, did you double check the Land Registry title register to make sure this company definitely owned the property and are able to sell it?

NeverHadHaveHas · 04/10/2024 06:17

Should you have paid SDLT on the lease premium? I’m assuming there is one as you say you handed over money. If your lease premium was above the threshold, you should have. If there was SDLT payable you’ll need to pay it in order to register the lease and there may be penalty and interest as you are likely beyond the time limit to pay it now.

Nottodaythankyou123 · 04/10/2024 06:25

Good point re SDLT! Did the company own it with a mortgage and has that been repaid and the charge removed from the LR?

Apologies if it’s preaching to the choir and you’re aware of all of this OP!

Collaborate · 04/10/2024 06:44

I’m afraid that if your first port of call is mumsnet rather than a real life solicitor you haven’t actually learned your lesson at all, have you?

MinnieMountain · 04/10/2024 06:54

I very much doubt OP is aware of your points @Nottodaythankyou123 .

SweetSakura · 04/10/2024 08:14

Why didn't you use a solicitor?
I would go and find one asap.

Changingplace · 04/10/2024 08:38

Well this is why you use a solicitor, who knows what else hadn’t been done correctly here! Get legal advice, it’s a completely false economy not using solicitors to buy property given you’ve just willingly handed over huge amounts of money and now probably don’t own what you thought you would.

Posting here won’t help you, make an appointment to speak to a solicitor urgently and get official advice on how to fix this (if you even can).

GinnyPiggie · 04/10/2024 08:40

OMG what were you thinking? You have risked a huge amount of money here. Get legal advice.

AnotherEmma · 04/10/2024 08:42

Collaborate · 04/10/2024 06:44

I’m afraid that if your first port of call is mumsnet rather than a real life solicitor you haven’t actually learned your lesson at all, have you?

🤣

Nottodaythankyou123 · 04/10/2024 09:00

MinnieMountain · 04/10/2024 06:54

I very much doubt OP is aware of your points @Nottodaythankyou123 .

I fear not! Didn’t want to sound patronising though just in case she/he was!

Madeabigmistake · 04/10/2024 12:36

It's actually a relatively small amount of money which is why we were willing to take the risk (trying not to be outing so don't want to give specifics). No SDLT. I gad a solicitor involved in the beginning who checked land registry and who has reviewed the lease. It was a new lease.

The final part was done without a solicitor it is this that is the problem. I'm going to go back to my conveyancing solicitor today but wasn't sure if it was them I needed or a different type of solicitor to send a strongly worded letter

OP posts:
Madeabigmistake · 04/10/2024 12:36

Yes I know I've been stupid. Telling me that again and again isn't going to help the situation

OP posts:
MinnieMountain · 04/10/2024 12:49

You need to put specifics if you want any advice before you see your conveyancer.

SweetSakura · 04/10/2024 12:55

It's pretty hard for anyone to advise with that level of detail.

VanCleefArpels · 04/10/2024 13:18

A family member bought a leasehold flat in April and only today has received the land registry documents. There’s huge delays so maybe nothing to get worried about quite yet?

Madeabigmistake · 04/10/2024 13:24

It's the TR1 that hasn't been done. I'm filling it in now.

OP posts:
Madeabigmistake · 04/10/2024 13:26

And yes I'm aware I will need a solicitor for ID checks. I have one but the form had never been progressed. I'm progressing it now.

OP posts: