Expedited application to remove a rent charge

Hi, 

I'm hoping to get some information regarding a request to expedite an application to remove a redeemed rent charge from a Freehold title.

Title number for Freehold: LA239263
Title number for rent charge: LA5978

I believe the request to expedite was made recently. Is it possible to check if this has been approved, and what timescales we're likely to be working towards? A chain of properties is reliant on this being resolved quickly due to mortgage offers expiring soon so everyone is quite stressed! Any information you could give us would be great.

Thanks in advance

Hi V - lodged 31st May and partially processed on 4th June. Currently with a senior technician to consider if all ok or more is required. Hopefully a decision will made in the next few days due to expedition but I can't be definitive at this stage
Best to post again after weekend and I can check again for an update

Thanks so much for your quick update Adam - I'll check back in again next week

Hi Adam, 

Hope you're well. Just wanted to check in to see if there's been any further movement on this one?

Thanks in advance

Hi Valery - nothing to update on as yet, sorry. Will keep an eye on it and post when I have something concrete to share
LA239263

Hi Adam, 

Sorry to ask about this again but we've still not heard anything from the solicitors and people are getting really nervous that this won't go through in time.

From what I understand, the application to expedite was approved almost 2 weeks ago now. Is it possible to find out what stage we're at - is it being reviewed, is more information needed etc.? 

Thanks again

Hi Valery - I have responded to your post in the absence of my colleague. 

There is no update for the moment.  The application has been referred to a senior officer for consideration. 

Hi Nimish, thanks for the response. Based on Adam’s previous message it seems that it was already referred to someone back on 4th June?

Are you able to offer any further info: e.g. Is this now with another person? When was it passed onto them? Is any further information or documentation required?

I understand that the typical timeframes given for expedited applications is 10 working days (which will be tomorrow based on my understanding). There is a lot of panic at the moment as we have no information and essentially need to be able to exchange before next Monday to avoid the entire chain falling through. 
 

I would appreciate any further info you’re able to give me! 

Valery - The referral is the same what Adam indicated in his response.  

Whilst we complete 95% of the expedited applications within 10 working days, it would be helpful to clarify that expedite means the application is treated as a priority after the request has been approved. How long it then takes is entirely up to whether the application can be completed there and then or not. If the evidence provided is sufficient, and no additional actions are required, then great. But if the evidence is not sufficient then the timescale will be stretched as the person / firm who submitted the application will need to resolve any issues and we may have to complete wider checks.  It is important to realise that expediting an application does not shortcut the registration process and requirements in any manner.

I have asked my colleagues dealing with the application to see if there is anything we can do to help.  If I hear anything more from them then I'll update you here. 

 

Thank you, much appreciated!

Hi again, 
I've noticed that searching for the property on the Land Registry search service no longer shows it to have a rentcharge associated (only the summary of the freehold), whereas previously it was both. Can I check if this is good news / means the application has gone through or if there's still anything outstanding?
Thanks again! 

Valery - Both the applications are currently pending with us. 

We have had to carry out some additional checks and as part of that have written to the beneficiary of the restriction on the rentcharge title to see if they have any objection to the application. They have until 9 July 2024 to respond to us, and until then the applications will have to be stood over. 

If they respond before the deadline and have no objection then we will proceed with the applications.  If they do not respond at all, then we will proceed with the application after the next working day of the deadline.  

I hope this is of some help 

Hi Nimish,

Apologies I’m a little confused as you’ve mentioned “both” applications. I was only aware of one application pertaining to the removal of the rentcharge, can you advise on what the second application applies to? 
 

As this now means we’re not able to complete on 1st July as planned, the likelihood is that both our purchase and sale will be falling through so it would be good to understand exactly why this has happened as we’re not receiving any information from our conveyancers. 

Hi Valery - The application that is submitted involves two titles - the freehold title and the rentcharge title, hence my reference to two applications. 

With regards to reason for not being able to complete the applications, there is a restriction on the Rentcharge title which needs to be considered before we take any action about the rentcharge.  We are required to serve notice on the beneficiary of the restriction and give them an opportunity to object, if they wish to do so.

We serve notice of applications on interested parties in a variety of situations.  Some are set out in legislation, whilst others are discretionary and may be considered to be part and parcel of delivering correct registration.

The purpose of serving notice is generally to let people know about potential changes to titles that may affect them or in which they may have a particular interest.  Often, notices give people an opportunity to object to the application or to put their views to H M Land Registry and as such, the serving of notice is an essential part of fulfilling our duties of fairness, openness and accountability.