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Original poster

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:
Nottodaythankyou123 · 04/10/2024 13:30

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

I don’t understand why you didn’t use them for the money/TR1 if you had instructed them initially but anyway - go back to them in the first instance for their advice.

NeverHadHaveHas · 04/10/2024 15:22

Madeabigmistake · 04/10/2024 13:24

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

If it’s a new lease you don’t need a TR1 you need an AP1 to register the lease at the Land Registry. You really, really need to involve a conveyancing solicitor and not have a crack at this yourself.
I’m not sure why you’re thinking you should write a strongly worded letter to the landlord/developer. The obligation is on you as the tenant to register the lease.

Nottodaythankyou123 · 04/10/2024 15:33

NeverHadHaveHas · 04/10/2024 15:22

If it’s a new lease you don’t need a TR1 you need an AP1 to register the lease at the Land Registry. You really, really need to involve a conveyancing solicitor and not have a crack at this yourself.
I’m not sure why you’re thinking you should write a strongly worded letter to the landlord/developer. The obligation is on you as the tenant to register the lease.

Show quote history

Such a good point! The TR1 would only be required to transfer the title to an existing lease, so OP the onus is on you to register the new lease, in which case you’re not waiting for them.. (although will still need an ID1 and possibly one for them?)

NeverHadHaveHas · 04/10/2024 15:43

Also even if no SDLT is payable, depending on the lease term and premium/rent you may still need to submit a return, and HMLR won’t register it without a SDLT cert if you need one.

NeverHadHaveHas · 04/10/2024 15:53

If the lease is over 7 years and the premium was more than £40k and the annual rent is more than £1k you need to notify HMRC

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