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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

. . . continued from page 16

Certificate of Title in form PSD14:

The content in the certificate of title supplied by Property Lawyers and Conveyancing Solicitors is as follows:

Certificate of Title to a Flat
(for use on a grant of a Lease to a qualifying person under the preserved right to buy where the Landlord owns the freehold)

Land Registry Housing Act 1985 (as applied by the Housing (Preservation of Right to Buy) Regulations)

Lease of the Flat known as . . . ("the Property")
by . . . ("the Landlord")
to . . .
for a term of . . . years from . . .
at a rent of £ . . . OR at a variable rent.
pursuant to section 154 (2) of the Housing Act 1985 as applied by the Housing (Preservation of Right to Buy) Regulations [1993][1989] (if the Tenant served notice before 11 October 1993 the 1989 Regulations apply)
I . . .
the . . . . of the Landlord hereby certify as follows:

(i) the Landlord is entitled to make the above mentioned Lease of the Property (including any rights granted as appurtenant thereto) free from any sub-Lease, Charge, Rentcharge, Easement, Restrictive Covenant or other incumbrance or adverse right or interest except as stated in the above mentioned conveyance or as summarised in the schedule of incumbrances below.
(ii) the Property is shown [edged] [coloured] . . . on a plan of sufficient scale which is annexed [to the conveyance] [to this certificate]

Date: . . . Signature . . .

Schedule of Incumbrances:
(these are listed here . . . )

Notes:
(1) This certificate is in a form approved by the Chief Land Registrar under section 154(4) of the Housing Act 1985 as applied by regulation 3 of the Housing (Preservation of Right to Buy) Regulations 1989 S.I. 1989/368 or regulation 2(2) of the Housing (Preservation of Right to Buy) Regulations 1993 S. I. 1993/2241 for use on the grant of a Lease of a Flat to a qualifying person of a freehold house under the preserved right to buy where the Landlord owns the freehold.

It may not be used for any other purpose. Form PSD 13 must be used where the Landlord conveys a freehold house. Form PSD 15 must be used where the Landlord does not own the freehold and grants a Lease of a house or flat.

Form PSD 17 must be used when the house or flat is conveyed subject to the preserved right to buy.

(2) This certificate is the responsibility of the Landlord and an inaccurate or incomplete certificate may give rise to a claim for indemnity (see Housing Act 1985 section 154(5)). It must be signed by the Solicitor of the Landlord or a chairman or director of the Landlord or some other officer approved by the Chief Land Registrar.

(3) Under the provisions of the Land Registration Rules 2003, all applications for registration must include sufficient particulars to enable the Land / Property to be fully identified on the Ordnance Survey Map. The Lease should therefore normally incorporate a plan of the Property which should, if possible, be based on an extract from the latest scale Ordnance Survey Map. Alternatively, a plan based on a site survey and drawn to an appropriate scale may be found to be suitable. If the Property includes separate parts (e.g. garage or a storage area) in addition to the flat itself, each part must be clearly identified.

(4)(i) In the schedule of incumbrances the nature of each incumbrance should be stated and particulars of the deed creating it should be given; such deeds or certified copies or examined abstracts thereof should be handed over to the Lessee or his Solicitor with this certificate.

(4)(ii) Reference should be made to any restrictive covenants or other incumbrances affecting the freehold reversion, to which the Lease will be subject, including incumbrances which may not be binding on the Landlord but which will, nevertheless, become binding on the Land in the hands of any successor in title of the Landlord.

(4)(iii) The entire amount (and not merely the informal apportionment) of any rentcharge should be stated.

(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)

. . . continued on page 18 (Property Lawyers and Conveyancing Solicitors in Manchester City Centre page 18)

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

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Manchester
M2 4PD

Tel: 0161 866 8574

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Property Lawyers and Conveyancing Solicitors in Manchester City Centre for Transfer of Public Sector Housing Estates