Property Ownership Registration

by Readers Question

17:56 PM, 8th March 2015
About 4 years ago

Property Ownership Registration

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Property Ownership Registration

I bought a BTL property(Leasehold) for which completion took place on 30/Sep/2014. A tenant moved in straight away and things with letting side all are going well so far. However, I’m still waiting for the completing of the ownership of the property registration. I don’t know much about the whole legal procedure but 5 months seems too long to be acceptable. I have been chasing my solicitor consistently but the only answer I have got from her is: Property Ownership Registration

“The delay is caused by the vendor’s solicitor due to the complexity of shared ownership (50/50), but there is nothing you need to worry about as the property is yours, it will be completed as soon as next registration is available”.

The service from this solicitor is very poor, which is another story, however I am getting a bit anxious now as I can’t even get an estimated completion date, really frustrating!!

Can anybody give me some suggestions what shall I do?

Thanks for your time!

Hui



Comments

Rob Crawford

13:23 PM, 9th March 2015
About 4 years ago

Hi Hui, I would enquire through Land Registry and see what their response is and maybe get a second opinion from another property solicitor.

Joe Bloggs

14:34 PM, 9th March 2015
About 4 years ago

I WAS UNDER THE STRONG IMPRESSION THAT SHARED OWNERSHIP PROPERTIES CANNOT BE SUB-LET EXCEPT IN EXTENUATING CIRCUMSTANCES???

Tony Lilleystone

15:23 PM, 9th March 2015
About 4 years ago

Assuming the property is in England or Wales then in the normal course of events the registration of the transfer should have been completed long ago. There have been some recent reports of delays by the Land Registry in dealing with property registrations possibly due to staff shortages, but 5 months looks ridiculous, and it looks as if something has gone very wrong.

It is unclear from your solicitor's “explanation” for the delay whether she has even applied for registration yet, or if she has applied but LR is unable to complete it e.g. because the transfer has not been properly signed.

Quite frankly the so-called explanation is meaningless. What does she mean by “complexity of shared ownership (50/50)” - if there was a problem with the sellers' (vendors) title that is something your solicitor should have had sorted before completing the purchase – that is what you are paying the solicitor to do!

I also can't think what she means by “it will be completed as soon as next registration is available”. You don't have to wait for a registration slot to become available, it's not like taking a ticket and waiting for your number to come up at a supermarket deli counter.

So you must now take firm steps to get matters sorted. When you instructed your solicitors they should have sent you a client care letter setting out their compleiants procedure and also informing you of your rights to complain to the Legal Ombudsman (LeO) about poor service.

Write a formal complaint now to the person mentioned in this letter (if any) or otherwise write to the firm's senior or managing partner. Ask them to tell you exactly what the problem is, what they are doing to sort it out and what action they have taken to ensure that your rights are protected at the Land Registry pending completion of the registration. Add any other examples of poor service that you think you received. Also say that if you do not receive a satisfactory reply you will be referring the matter to LeO. Keep a copy of this letter.

If they don't reply within 8 weeks you can then complain to LeO - for further information see their website http://www.legalombudsman.org.uk/helping-the-public. In some cases you don't have to wait 8 weeks, e.g. where there are 'exceptional reasons' which I tend to think is the case here.

If you suffer financial loss because of the delay or – worst case scenario, if they fail to get your title registered at all (let's hope not) – then you would probably have to refer the firm to the Solicitor's Regulation Authority http://www.sra.org.uk/consumers/problems/report-solicitor.page

You have not mentioned whether you have a mortgage, but if you do then I am sure the lender will not be happy about the delay and will be chasing your solicitor as well.

Good luck.

Hui Lu

15:33 PM, 9th March 2015
About 4 years ago

Reply to the comment left by "Joe Bloggs" at "09/03/2015 - 14:34":

I bought 100% of this property but it was owned by two separate owners 50/50

Joe Bloggs

16:05 PM, 9th March 2015
About 4 years ago

Reply to the comment left by "Hui Lu" at "09/03/2015 - 15:33":

was one of the owners a housing association?
if not then thats called joint ownership, not shared ownership!

Hui Lu

16:39 PM, 9th March 2015
About 4 years ago

Reply to the comment left by "Joe Bloggs" at "09/03/2015 - 16:05":

Yes it was!

Thanks!

Joe Bloggs

16:44 PM, 9th March 2015
About 4 years ago

DOES THE LEASE PROHIBIT SUB-LETTING?

Hui Lu

16:26 PM, 10th March 2015
About 4 years ago

Reply to the comment left by "Tony Lilleystone" at "09/03/2015 - 15:23":

Hi Tony
Many thanks for your suggestion. I sent a formal complaint to their management today and received a reply straight away as below;

'we are waiting on the vendors solicitors to deal with requisitions which are enquiries with reference to their clients title which are issues that they need to deal with before we can register your title and the lenders interest, we are doing everything possible to try and complete the registration. However I must make it clear there is nothing more we can do until the vendors solicitors have resolved the requisitions with the land registry'

I have a mortgage for this property and apparently my lender is also chasing the solicitor at the moment!

Hui Lu

16:31 PM, 10th March 2015
About 4 years ago

Reply to the comment left by "Joe Bloggs" at "09/03/2015 - 16:44":

I checked my leasehold documents it doesn't say 'PROHIBIT SUB-LETTING'.

As far as I concern there are quite a lot of flats in that block are to rent

Rob Crawford

16:32 PM, 10th March 2015
About 4 years ago

Call me cynical if you like but I am in the mind set that your solicitors are winging it and hoping for the right outcome! I would be asking, "what happens if the issue is not resolved"? The more I hear the more I feel this issue should have been addressed before completion! I hope it works out for you (get a second opinion!).

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