Property Lawyers and Conveyancing Solicitors in Manchester City Centre for Transfer of Public Sector Housing Estates
Please note: Not to be used or relied upon without legal advice. These notes are for illustrative purposes ONLY
Transfers of Public Sector Housing Estates
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Acquisition of Land / Property by a Housing Action Trust:
Land / Property which is acquired by agreement or under compulsory powers will need to be registered by Property Lawyers and Conveyancing Solicitors in accordance with the general principles of compulsory registration referred to under the heading: Statutory Powers and Land Registration.
Where Land / Property is vested in the housing action trust by statutory instrument then:
- in the case of unregistered Land / Property it will not normally need to be registered under the Land Registration Act 2002. Proof of title on any subsequent transaction will consist of the normal conveyancing evidence of title for at least 15 years from a good root together with a copy of the statutory instrument under which the Land / Property was vested.
- in the case of Land / Property that is already registered an application for alteration of the register to show the new owner should be made by the Property Lawyers and Conveyancing Solicitors under paragraph 5(b) of Schedule 4 Land Registration Act 2002.
Fees will be payable in the normal way under the current Land Registration Fee Order for Land / Property acquired by agreement.
Applications for alteration of the register (Property Title Deeds) may not attract a fee under the current Land Registration Fee Order.
Because of the limitations in the powers to dispose of housing Land / Property mentioned under the heading: Powers of Initial Vendors (e.g. local authorities such as Manchester, Bury, Trafford, Salford, Stockport) to dispose of the Land / Property and the relevant purchaser protection, on registration of a housing action trust, Property Lawyers and Conveyancing Solicitors should consider an application for the entry of a restriction in the Proprietorship register (Property Title Deeds) reflecting these limitations. Where the Property is subject to secure tenancies, the provisions under the heading: The consents from the Secretary of State or National Assembly for Wales and the restrictions which enforce them apply.
Powers of Initial Vendors to dispose of Land / Property and the relevant Purchaser Protection provisions:
Local Authorities:
Local authorities (such as Manchester, Bury, Trafford, Salford, Stockport) have virtually unrestricted powers to dispose of Land / Property although the consent of the Secretary of State or National Assembly for Wales is often required. Section 128(2) Local Government Act 1972 provides that a Purchaser need not be concerned to see if the consent has been given or whether it covers the particular transaction.
Notwithstanding section 128(2), the disposal of a house or flat by a local authority (such as Manchester, Bury, Trafford, Salford, Stockport) without consent is 'void' unless:
- the disposal (e.g. sale / transfer) is to an individual or to two or more individuals; and
- the disposal (e.g. sale / transfer) does not extend to any other house
Housing Action Trusts:
A housing action trust is free, subject to any directions by, and with the consent of, the Secretary of State or National Assembly for Wales, do dispose (e.g. sale / transfer) of any Land / Property that it owns. However, it is restricted in what it can do with a house or flat which is the subject of a secure tenancy unless it is sold under the right to buy. All disposals of Land / Property require the consent of the Secretary of State or National Assembly for Wales which may be given generally or specifically. A disposal (e.g. sale / transfer) of Land / Property which includes a house or flat made without such consent is 'void' unless:
- the disposal (e.g. sale / transfer) is to an individual or to two or more individuals; and
- the disposal (e.g. sale / transfer) does not extend to any other house
Where the Land / Property does not consist of a house or flat, then Property Lawyers and Conveyancing Solicitors acting for a Purchaser should not be too concerned to enquire whether or not a consent has been given and the disposal is not invalid.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
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If you require any further information please telephone 0161 866 8999 and we will be happy to help.
Ford Banks Irwin Solicitors
50 Stothard Road
Manchester
M32 9HB
Tel: 0161 866 8999
Fax: 0161 866 8333
E-mail: info@FordBanksIrwinSolicitors.co.uk
Or you can use the ENQUIRY FORM (click here).
(you may need to press control 'Ctrl' button on your keyboard when clicking on the enquiry form link if you have a pop up blocker active)
Manchester
City Centre Serviced Office - Conference rooms are also
available by prior appointment at:
Ford
Banks Irwin Solicitors | Solicitors in Manchester
Pall Mall Court
King Street
Manchester
M2 4PD
Tel: 0161 866 8574
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