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 7
Points to consider:
Dealing with disposals (sales, transfers, mortgages) while the estate / development is being registered:
In many cases the financial arrangements made by the Purchaser will mean that it is relying on making sales to tenants and others whilst the Property is being registered. The problems to which this gives rise are well known to Property Lawyers and Conveyancing Solicitors. However, there are purely practical ways of avoiding a long delay in being able to complete the sales. These include:
- the initial vendors (e.g. local authorities such as Manchester, Bury, Trafford, Salford and Stockport) completing as many sales as possible before completion where tenants have exercised their rights under the Housing Acts;
- making sure the application is correct and that all necessary documents are lodged;
- dividing the purchase up into parcels so that a problem on one part does not affect the whole;
- where it is known in advance that Properties are to be sold, obtaining separate Certificates of Title (where applicable) and transfers for them so that they can be registered individually.
It is often the case that Property Lawyers and Conveyancing Solicitors will liaise with the Land Registry to agree an efficient cost effective procedure.
Mortgages after acquisition by the Purchaser:
Where the legislation requires the entry of a restriction in the register (Property Title Deeds) then, even if the title has not yet been registered, a charge or mortgage is a disposal. Since it must occur after the Purchaser has acquired the interest being registered, a charge is subject to the need for consent under the restriction before it can be registered. However, provision is made for this so that where such restrictions apply there can be an exempt disposal of an interest by way of security (mortgage) for a loan. It is also provided that the charge itself will be subject to a condition of consent before the proprietor of it can exercise powers under it. Where the new Landlord is subject to the preserved right to buy regime, consent to the creation of the charge (mortgage) will be needed.
Where the proprietor of the charge exercises the power of sale Property Lawyers and Conveyancing Solicitors for a Purchaser will need to be satisfied, and be able to satisfy Land Registry, that the consent has been given. Where the consent is a general consent which provides:
- that the Property will be vacant at the time of sale;
- that the Purchaser is an intending owner occupier;
- that the price is the best reasonably obtainable;
then the Land Registry will require a certificate from the Seller / Mortgagee that the conditions of the consent have been fulfilled in respect of the Transfer. In these circumstances the Land Registry would have no objection to this certificate being endorsed on the Transfer.
No enquiry will be made by Land Registry as to the existence of any such consent if application is made to protect the charge (mortgage) by an agreed or a unilateral notice. If subsequently application is made to register it substantively (it will have to be if any exercise of the power of sale is contemplated) the consent will be needed.
However, where the Court has ordered the sale under section 90 Law of Property Act 1925 the consent will not need to be produced by the Property Lawyers and Conveyancing Solicitors on the basis that the Court will have had to be satisfied that a charge existing in equity before making the Order and will have thus had to satisfy itself that there was consent.
Restrictions on other disposals (e.g. Sales / Transfers):
The restrictions on further disposals discussed in this heading do not include the provisions restricting disposals where the preserved right to buy also applies. In such a case, a consent under those much more restrictive provisions will also be needed by Property Lawyers and Conveyancing Solicitors and this will be reflected in the separate proprietorship restriction for those regimes.
As reflected in the proprietorship restrictions, the general rule is that all dispositions (e.g. Sales / Transfers) are restricted by the need for consent unless they are classed as exempt disposals. for the purposes of the legislation a contract to dispose of an interest is a disposal.
Before registering any disposition, therefore, the Land Registry will need to be satisfied either that:
- there has been a specific or general consent to the disposition by the Secretary of State or National Assembly for Wales; or
- that it is an exempt disposal
Where application is made to note a contract for disposition the applicant will have to satisfy the Land Registry similarly.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 9 (Property Lawyers and Conveyancing Solicitors in Manchester City Centre page 9)
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
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Banks Irwin Solicitors | Solicitors in Manchester
Pall Mall Court
King Street
Manchester
M2 4PD
Tel: 0161 866 8574
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