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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 20

Certificate of Title in form PSD17:

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

Notes:
5. Under the provisions of the Land Registration Rules 2003, all applications for registration must include sufficient particulars to enable the Land to be identified on the Ordnance Survey Map. The disposal deed should incorporate plans of the Land which must be based on an extract from the latest large scale Ordnance Survey Map.

6(i) In Part A of the Schedule details of incumbrances must be given by the Property Lawyers and Conveyancing Solicitors if not referred to in the disposal deed. This may be done, for example, by referring to the incumbrance by reference to the part of the deed imposing it e.g. 'Restrictive Covenants. Conveyance 1.1.1920 page 2 Clause 5'. In any case where specific easements have been granted or reserved by deed or covenants imposed on the Land covered by this certificate full details of the terms of the grants or covenants must be supplied. This should be done by production of duplicate or examined copies of such deeds to the Purchaser or the Property Lawyers and Conveyancing Solicitors acting on behalf of the Purchaser. It should be remembered that if there have already been disposals under Part V of the Housing Act 1985 (The Right to Buy) or the now repealed Part IV of the Housing Act 1988 (Change of Landlord: Secure Tenants) the Land being sold will probably be subject to the statutory easements. Where houses have been sold under Part V of the Housing Act 1985, the houses should be listed by addresses and covered by a general statement:
'The Land / Property is subject to statutory easements granted by the following right to buy disposals'

Where disposals took place under Part IV of the Housing Act 1988 similar statements should be made by the Property Lawyers and Conveyancing Solicitors. If specific easements were also granted copies of the Conveyances etc. must be produced as above. Where there are Leases of the Land / Property being sold, the counterparts must be produced. Leases of adjacent Land / Property which grant rights over the Land / Property being sold must also be listed and examined copies produced.

6(ii) Reference should be made by Property Lawyers and Conveyancing Solicitors to any restrictive covenants or other incumbrances which may not have been binding on the Authority but which will nevertheless become binding on the Land / Property in the hands of any successor in title of the Authority.

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

7. In the case of a disposal where the preserved right to buy provisions or the new town corporation provisions apply the disposal must contain a list, to be the best of the Authority's knowledge and belief, of the dwellinghouses to which the disposal relates where are occupied by secure Tenants who have the right to buy. The list should be prepared in alphanumeric order e.g. 27 Altrincham Road should precede 1 Manchester Road. Care should be taken by Property Lawyers and Conveyancing Solicitors to ensure that it is clear whether all Properties are included if several Properties are listed. e.g. 1 - 21 Manchester Road (all) or (odd numbers only)

Form PSD 101

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

Application by a Private Sector Landlord or a connected company in respect of a Preserved Right to Buy

Land Registry
Land Registration Act 2002

Administrative Area . . .
Title number . . .
Property . . .
This application is made under the provisions of paragraph 5(2) schedule 9A Housing Act 1985 as applied by the Housing (Preservation of Right to Buy) Regulations 1993
I / We . . .
The registered proprietor(s) of the above title apply to the Chief Land Registrar to enter on the Register the appropriate notice and restriction in relation to the preserved right to buy which has arisen under the provisions of section 171A-H Housing Act 1985 in respect of . . .
[which is a qualifying dwellinghouse entirely different from the tenants previous qualifying dwellinghouse]
[which is new Land which has been added to the Tenant's qualifying dwellinghouse]
Date. . .
Signed [by] [on behalf of]
The registered Proprietor(s)

Form PSD 103

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

Certificate by a Private Sector Landlord that is not subject to any Rights of a Qualifying Person in respect of a Preserved Right to Buy

Land Registry
Land Registration Act 2002

Administrative Area . . .
Title number . . .
Property . . .
This application is made under the provisions of paragraph 5(2) schedule 9A Housing Act 1985 as applied by the Housing (Preservation of Right to Buy) Regulations 1993
I / We . . .
the registered proprietor(s) of the above title certify pursuant to the provisions of schedule 9A paragraph 8 Housing Act 1985 as applied by the Housing (Preservation of the Right to Buy) Regulations 1989 or 1993 that:
[the whole of the Land / Property in this title]
[the following part . . . ]
is not subject to a preserved right to buy of a qualifying person under that legislation.
Date. . .
Signed [by] [on behalf of]
The registered Proprietor(s)

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

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).

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Ford Banks Irwin Solicitors | Solicitors in Manchester
Pall Mall Court
King Street
Manchester
M2 4PD

Tel: 0161 866 8574

FORD BANKS IRWIN

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