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Legal matters

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Adding husband’s name to property

16 replies

RainbowBrighite · 03/10/2025 12:13

Hi,

To note the solicitor and managing company have been really really poor on a wider front, which is why I’m seeking advice. I’ve lost faith after numerous errors and requests for basic information. But… I’ve paid the solicitor up front…

I own a leasehold flat. The freeholder is a company for which I am a 1/20th shareholder. We have recently got a management company in, after doing this ourselves before. Previously we have dealt with a similar request by just asking the solicitor to provide the company with a notice to assign the lease. I can’t see anything in the feeds which actually state freeholder consent is needed.

My solicitor for adding my husband as a joint tenant has asked the managing company to provide freeholder consent.

The management company have stated the fee for this, due to their solicitor being employed is over £300. I expected a similar letter from the managing agent and an admin fee, tbh I can’t even see it’s needed.

I’m no longer a company director, but the current directors have also expressed surprise at the fee/ it being needed at all.

I’ve asked questions of both including

  • is the management agent authorised to give freeholder consent, and is this required by the deeds. They just say the charge is to ‘speak to’ their solicitor.
  • is freeholder consent required. The deeds simply state when a notice to assign is received then the shareholder certificate will be re-issued.

I’m just worried it’s a complex process overall and mistakes will be made or costs will rise for either unneeded or missed items.

Also, I’m annoyed at the solicitor gave a quote and confirmed it as the full fee. I’m now being asked to pay £300 more than the already paid for service which does list this as an included item in the service.

thank you

OP posts:
MinnieMountain · 03/10/2025 15:05

Can you post the exact restriction OP?

Hoppinggreen · 03/10/2025 15:06

Sorry if its a daft question but why do you need to do this?

RainbowBrighite · 03/10/2025 19:36

MinnieMountain · 03/10/2025 15:05

Can you post the exact restriction OP?

I can’t see one.

The solicitor has requested consent, I can’t establish the basis for this

OP posts:
RainbowBrighite · 03/10/2025 19:37

Hoppinggreen · 03/10/2025 15:06

Sorry if its a daft question but why do you need to do this?

To be joint owners of the property

OP posts:
MinnieMountain · 04/10/2025 07:27

It will be in the covenants in the lease then OP. The wording varies. You’ll need to trust your solicitor is interpreting it correctly. It’s not complicated.

Frustratingly plenty of leases do require separate consents from the management company and the freeholder.

RainbowBrighite · 04/10/2025 10:02

MinnieMountain · 04/10/2025 07:27

It will be in the covenants in the lease then OP. The wording varies. You’ll need to trust your solicitor is interpreting it correctly. It’s not complicated.

Frustratingly plenty of leases do require separate consents from the management company and the freeholder.

I have asked my solicitor a few times if they have read the lease/ covenants. I’ve even emailed a copy and said I don’t see it in there. They won’t answer me directly whether they have checked the deeds, even though I asked the second time with bullet points questions. I expressly have asked for a clear answer (it was only 3 Q that could be yes or no, not a massive email!)

This is their exact reply to when I asked: ‘can I confirm you have read the deeds? I can’t see this in the deeds and your last email sounded like you have only asked the management company if they want consent?’ I attached the deeds to this email and highlighted a section. The reply is grammatically bad enough to be confusing (I didn’t ask for a partial transfer in my email for context):

‘good morning , The transfer is not of part your name is going to be added to the whole. Plus the consent is needed hence the freeholder has requested the fee.’

It doesn’t answer my express questions, ‘hence the freeholder…’ still sounds like they are saying they have not read the deeds but are relying on the word of the management company.

In the last email I also attached for them an advice pack from the residents association explaining how to transfer title/ sell the property .It’s detailed.

For a previous matter we needed freeholder consent (building works which is in the lease), the old management company just emailed us a brief letter.

I’ve had a further reply since my OP telling me to request the consent myself and send it to her. Though it is listed as something included in what I’ve paid.

It just feels really bad to chuck more money at it at this point. I have a gut feeling they could ask for more and more, or just simply say they can’t do it. They’ve already needed me to provide a lot.

The management company also haven’t clarified if I pay the £350 what I get (only they will ‘speak’ with their solicitor). I asked for clarify the charge of £350 would result in consent being provided. I’d expect that is a yes/no answer, but they also have refused to answer.

My solicitor is just asking constant questions.

Like I said ‘I would like to add my husbands name to the property so we are joint owners. This is to be equal joint owners, not shared or unevenly split- both on the title’

She then basically copy pasted a description of joint tenants/ tenants in common to me and asked me to pick the wording. I’ve felt over the emails the onus has on me to explain everything, not her giving legal advice or applying expertise. Also on me to action every step, facilitate contacts etc.

Contact is awful- for example when emailing the female owner of the management company she’s got their back up addressing her as ‘dear sirs’ in every email I’ve seen when the woman is signing off ‘Lucy’ and the name of the MC company is her female name. It’s just so bad, like a teenager writing texts half the time.

The first question I got from the solicitor was to send the deeds… it just feels overall not right at all, they’ve sent so far 14 messages. They aren’t often aren’t grammatical and they were mostly answered with the original quote. When I employed a solicitor to do this before it just happened, no input from me at all! This one for example said they couldn’t contact the freeholder and therefore couldn’t proceed - I had to Google contact details and give information for them to proceed.

Sorry that’s a long rant- in summary I feel I’ve paid for a simple transfer of a title in august and it’s turned in months of questions and confusion. This disordered post probably is reflective of how I feel the situation is. I’ve paid a solicitor for this before and it was pretty much two contacts: one to explain what I needed, one to say it was done.

OP posts:
Whyherewego · 04/10/2025 10:05

If I were you, I'd just get all the paperwork given to you at the time you bought the property which should include lease, covenants etc and read it all myself. You dont need a solicitor to do this if you are reasonably able to interpret these yourself and the paperwork to put a house into joint names is also reasonably straightforward. This solicitor sounds a bit useless IMHO

RainbowBrighite · 04/10/2025 10:16

Whyherewego · 04/10/2025 10:05

If I were you, I'd just get all the paperwork given to you at the time you bought the property which should include lease, covenants etc and read it all myself. You dont need a solicitor to do this if you are reasonably able to interpret these yourself and the paperwork to put a house into joint names is also reasonably straightforward. This solicitor sounds a bit useless IMHO

I wish I had. This was a quote paid up front for the work 🤦‍♀️

OP posts:
RainbowBrighite · 04/10/2025 10:19

I’ve read all the paperwork, summarised my understanding of it and quoted it to the solicitor. I’ve attached full copies to emails and the previous management companies summary of the lease.

I was massively busy at work in August and I decided to pay for the easier route of employing a solicitor as I was bogged down.

OP posts:
OpheliaNightingale · 04/10/2025 10:20

@RainbowBrighite I also own a leasehold flat that I rent out. I just have it in my own name as I manage it, and to make things simpler for tax purposes when declaring rental income. Plus my husband is in a higher tax bracket, so wouldn’t make financial sense for him to share ownership and have to complete a tax return as well as mine.
It doesn’t matter to my husband, it’s a marital asset, so would be split fairly in the event of a divorce anyway. I’m sure you’ve considered all of this, but I thought I’d mention it as just adding your husband seems to be getting quite complex and perhaps there’s no advantage. Especially not for you if you’ve owned the property for a time prior to marriage actually.

Hoppinggreen · 04/10/2025 10:41

RainbowBrighite · 03/10/2025 19:37

To be joint owners of the property

Ok but if you are married you effectively are
I am just not sure why you are going through this hassle and expense if its not necessary but perhaps there is reason you haven't shared

ginasevern · 04/10/2025 10:47

What advantage is there to adding him?

RainbowBrighite · 04/10/2025 10:56

OpheliaNightingale · 04/10/2025 10:20

@RainbowBrighite I also own a leasehold flat that I rent out. I just have it in my own name as I manage it, and to make things simpler for tax purposes when declaring rental income. Plus my husband is in a higher tax bracket, so wouldn’t make financial sense for him to share ownership and have to complete a tax return as well as mine.
It doesn’t matter to my husband, it’s a marital asset, so would be split fairly in the event of a divorce anyway. I’m sure you’ve considered all of this, but I thought I’d mention it as just adding your husband seems to be getting quite complex and perhaps there’s no advantage. Especially not for you if you’ve owned the property for a time prior to marriage actually.

Thank you, it’s fully considered.
I have a clear reason, but I haven’t listed it as it’s not really the point. Not being funny at all about it, it’s just a bit unusual and I think could derail the thread with advice about it! I’m well informed and confident with my reason, but thank you.

OP posts:
MinnieMountain · 04/10/2025 15:24

I’d contact the solicitor’s supervisor then OP. This should be on your client care letter. Explain the poor work and ask them to sort it out.

The reply should have been something like “Clause 22.1 of the lease says X which means you have to”.

RainbowBrighite · 16/10/2025 10:27

This is absolutely unbelievable as an update:

I contacted the management company and through digging I discovered the solicitor does not have a copy of the lease! They are trying to do the transfer without reading it! Not only is that pretty wild, they have previously told me the MO requested the freeholder consent. I have seen emails now that prove it was the solicitor who requested it. They didn’t even have the deeds to check it was needed Plus, I have also confirmation the lease does not require freeholder consent.
Ive asked in four separate emails why they were asking for freeholder consent as I believe it isn’t needed.

My mind is blown.

OP posts:
MinnieMountain · 17/10/2025 06:42

Bloody hell OP. Have you spoken to their supervisor?

FWIW mortgage offers never say specifically that you must get consent. They will say “if required” i.e they rely on the lawyer to check the lease and do what it says.

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