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Selling a flat Issue with share of freehold

7 replies

CHRIS003 · 27/09/2023 16:13

Selling a flat in a house conversion - 2 flats with 50/50 share of freehold
Our buyers are waiting to proceed but the couple in the upstairs flat are divorced and won't speak to each other to sign the paperwork - one them who I contacted told me it is up to me to contact her partner as she cant deal with him. Not sure what happens now legally- I thought it was simply a case of them signing the paperwork so we can go ahead.

OP posts:
PickledPurplePickle · 27/09/2023 16:49

What paperwork do you need them to sign?

Frecklespy · 27/09/2023 21:38

I'm assuming you need the upstairs flat owners to sign the freehold transfer to the new buyers. If you have their addresses (assuming one of them at least no longer lives in the flat), then ask your solicitor to send the TR1 directly to them for signing. It is important that they sign it, otherwise the freehold title cannot be transferred to the new owner.

Lambruschinetto · 27/09/2023 21:46

This happened to us, it took months, our solicitor had to go to their house (they weren't living in the flat anymore) to make them sign. Grateful to that man.difficult. Good luck.

Urgsleepmoresleep · 27/09/2023 22:03

I recently sold my flat that had same terms. Nothing was signed by flat above. The solicitors sorted it.

CHRIS003 · 28/09/2023 16:25

Frecklespy · 27/09/2023 21:38

I'm assuming you need the upstairs flat owners to sign the freehold transfer to the new buyers. If you have their addresses (assuming one of them at least no longer lives in the flat), then ask your solicitor to send the TR1 directly to them for signing. It is important that they sign it, otherwise the freehold title cannot be transferred to the new owner.

Yes it is forms for transfer to new buyers of our flat - they were sent by email- the couple are now divorced and she won't talk to her ex - to get him to sign his half !
She did give me an email address for him so I have now given this to my conveyancer to get her to send the documents to him and I wait to see what happens. Just worried my buyers won't wait.

OP posts:
CHRIS003 · 14/10/2023 10:28

Update ; Currently waiting for owner of other flat to sign LEP1 form - this is a few questions about the lease and insurance - what can I do if he doesn't sign ?
My conveyancer says we can't proceed without it. I have buyers waiting.

OP posts:
Muddle2000 · 14/10/2023 12:02

Oh the joys of owning a flat

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