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 19
Certificate of Title in form PSD17:
The content in the certificate of title supplied by Property Lawyers and Conveyancing Solicitors is as follows:
Notes:
1. This Certificate of Title is the form approved by the Chief Land Registrar for the purposes of the following legislation:
(a) the preserved right to buy provisions:
- Housing Act 1985 Schedule 9A paragraph 2 as it applies by virtue of the Housing (Preservation of Right to Buy) Regulations 1993 (Forms PSD 13, 14 or 15) as applicable must be used by Property Lawyers and Conveyancing Solicitors where a qualifying person exercises the preserved right to buy)
(b) the voluntary sale provisions:
- Housing Act 1988 section 133(8)
(c) the housing action trust provisions
- Housing Act 1988 section 81(9)
(d) the new town corporation provisions
- Local Government and Housing Act 1989 section 173(8)
This certificate is the responsibility of the Authority (e.g. Manchester, Bury, Trafford, Salford, Stockport) and inaccurate or incomplete certificate may give rise to a claim for indemnity. It must be signed by the Solicitors to the Authority, by its Chief Executive Officer or some other officer approved by the Chief Land Registrar.
2. In this Certificate:
'applicable legislation' means the provisions of the Housing Acts 1985 and 1988 or the Local Government and Housing Act 1989 under which the Authority has made the disposal
'disposal deed' means:
(i) in the case of a qualifying disposal to which the preserved right to buy provisions apply, the instrument by which the disposal is affected;
(ii) in the case of an original disposal to which the voluntary sale provisions apply, the instrument by which the disposal is effected
(iii) in the case of a material disposal to which the housing action provisions apply, the instrument by which the disposal is effected
(iv) in the case of an initial transfer under the new town corporation provisions, the instrument by which the transfer is effected.
'Purchaser' means the person who has acquired an interest in Land under the disposal deed
3. The Authority is required by the applicable legislation to ensure that certain statements are inserted in the disposal deed. The form of the statements should be as follows:
Where the preserved right to buy provisions apply:
Section 171A of the Housing Act 1985 applies to this deed so far as it relates to dwellinghouses occupied by secure Tenants. The [Purchaser] [Lessee] hereby applies to the Chief Land Registrar for the entry of the notice and restriction required by paragraph 4 of Schedule 9A to that Act.
Where the voluntary sale provisions apply:
Section 133 of the Housing Act 1988 applies to [all the Land] [the following Properties] in this [Conveyance] [Assignment] [Transfer] [Lease]. The [Purchaser] [Lessee] hereby applies to the Chief Land Registrar for the entry of the restriction required by that section.
Where the housing action trust provisions apply:
The requirement of section 81 of the Housing Act 1988 as to consent applies to a subsequent disposal by the [Purchaser] [Lessee] of the Land in this [Conveyance] [Assignment] [Transfer] [Lease]. The [Purchaser] [Lessee] hereby applies to the Chief Land Registrar for the entry of the restriction required by section 81(10) of that Act.
Where the new town corporation provisions apply:
This [Conveyance] [Transfer] [Assignment] is made under section 172 of the Local Government and Housing Act 1989. (If the land includes housing occupied by secure tenants the Property Lawyers and Conveyancing Solicitors should add: The requirement of section 173 of that Act as to consent applies to a subsequent disposal of [all the Land] [the following Properties] in this [Conveyance] [Transfer] [Assignment] and the Purchaser hereby applies for the entry of the restriction required by the said section 173.
4. Voluntary sale and housing action trust disposals can be of the freehold or by way of assignment of Lease or by way of a grant of a new Lease (subject to the Secretary of State's consent). Preserved right to buy disposal may only be by way of freehold or grant of new Lease or Underlease. Sales under the new town corporation provisions may only be by way of freehold or assignment of a Lease.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 21 (Property Lawyers and Conveyancing Solicitors in Manchester City Centre page 21)
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
Transfer of Public Sector Housing Estates by Property Lawyers and Conveyancing Solicitors in Manchester City Centre | Conveyancing Solicitors in Manchester City Centre page 2 | Conveyancing Solicitors in Manchester City Centre page 3 | Conveyancing Solicitors in Manchester City Centre page 4 | Conveyancing Solicitors in Manchester City Centre page 5 | Conveyancing Solicitors in Manchester City Centre page 6 |
Conveyancing Solicitors in Manchester City Centre page 7 Conveyancing Solicitors in Manchester City Centre page 8 Conveyancing Solicitors in Manchester City Centre page 9
Conveyancing Solicitors in Manchester City Centre page 10
Conveyancing Solicitors in Manchester City Centre page 11
Conveyancing Solicitors in Manchester City Centre page 12
Conveyancing Solicitors in Manchester City Centre page 13
Conveyancing Solicitors in Manchester City Centre page 14
Conveyancing Solicitors in Manchester City Centre page 15
Conveyancing Solicitors in Manchester City Centre page 16
Conveyancing Solicitors in Manchester City Centre page 17
Conveyancing Solicitors in Manchester City Centre page 18
Conveyancing Solicitors in Manchester City Centre page 19
Conveyancing Solicitors in Manchester City Centre page 20
Conveyancing Solicitors in Manchester City Centre page 21