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 5
Points to consider:
Subsequent consent, required statements and restrictions:
Disposals under the preserved right to buy:
The requirements in relation to the 'required statement' and the 'restriction' are considered under the heading: The disposal subject to preserved rights to buy.
Cancellation of restrictions:
The restrictions set out above are obligatory and cannot, therefore, be withdrawn by the proprietor of the Property / Land. They will, however, be cancelled on registration of a subsequent transfer made with the consent of the Secretary of State / National Assembly for Wales.
Contracts and their protection:
The disposals (sales), with the exception of those under the preserved right to buy provisions, are normally consensual. They may therefore by preceded by a contract between the parties in the usual way. The Contract must comply with the requirements of section 2 Law of Property (Miscellaneous Provisions) Act 1989.
If the Property Title Deeds are registered, the contract can be protected by Property Lawyers and Conveyancing Solicitors by an agreed or a unilateral notice. If the Property Title Deeds are unregistered, a Land Charges class C(iv) (estate contract) may be registered by the Property Lawyers and Conveyancing Solicitors under the Land Charges Act 1972 at the Land Charges Department. If this has been done, the Property Lawyers and Conveyancing Solicitors must produce the cancellation certificate with the application.
Where a qualifying person is entitled to a preserved right to buy, in the case of registered Land (Property) a notice should have been entered in the register (Property Title Deeds) in respect of that right when the Property was transfered to the new Landlord. This is normally completed by the Property Lawyers and Conveyancing Solicitors for the Landlord. Similarly, where a new Property becomes subject to a preserved right to buy, the Landlord should apply to enter an agreed notice in the register (Property Title Deeds). If the Landlord fails to do so, the tenant's Property Lawyers and Conveyancing Solicitors can apply for an agreed notice if he can satisfy the Land Registry that his claim is valid. Alternatively, the tenant can apply for a unilateral notice. If the Land is unregistered, a Land Charge can be registered.
An application for an agreed notice should be made in form AN1 and for a unilateral notice in form UN1.
Register entries (Property Title Deeds) relating to the preserved right to buy are dealt with later under the section: The Preserved Right to Buy. It is considered that such entries provide adequate protection for a person entitled to a preserved right to buy.
An application to the Court to enforce the statutory duty of a disponer of Land subject to a preserved right to buy to transfer if subject to that right may well constitute a pending Land Action within the meaning of the Land Charges Act 1972. If so, it can be protected by an agreed or unilateral notice or, if the Land is unregistered, by registering the pending Land Action at the Land Charges Department. Similarly, any Court Order enforcing the statutory duty could be protected by agreed or unilateral notice or registered as a writ or order affecting Land in the Land Charges register (Property Title Deeds).
However, a preserved right to buy is not an overriding interest (even where the person entitled is in actual occupation). Consequently, if the Property is transferred for valuable consideration without the preserved right to buy being protected on the register (Property Title Deeds), the tenant cannot register a notice in respect of it. Nor can he register a Land Charge if the Land is unregistered.
Searches:
A search of the Index Map is usually carried out by Property Lawyers and Conveyancing Solicitors where the Property is unregistered.
An acquiror (Purchaser) under any of the disposals will be able to make an official search with priority to protect the purchase of the Land. This includes a Purchaser under the preserved right to buy provisions.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 7 (Property Lawyers and Conveyancing Solicitors in Manchester City Centre page 7)
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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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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