First merge or just apply for transfer for both titles?

Hi, I hope someone will be able to help me with this dilemma.

Situation:
I am transferring a house from a joint ownership to a single one (so currently filling TR1, AP1 and ID1 forms). There are two titles, an old leasehold and a newer freehold on the house. My understanding is that there is no need for both to exist, it is just that they have never been merged.

Question:
Do I first try to get those two merged, or do I apply for transfer of both titles. Is there a way to do it in a single application or I would need to fill out all forms twice? Please consider that I am a bit pressed for time and only have about a month to get it done unfortunately.

Thanks! 
 

One important detail that I omitted is that there is no mortgage on the house, making the situation somewhat simpler.

Nic - no mortgage does make it simpler but there are still matters to be considered such as what's lost if the lease is merged e.g. rights in the lease. I always recommend seeking legal advice/assistance as a result
As to your actual Q you can apply to Transfer the two titles and request merger all in the one application.

General information on a merger request

Merger can occur where a leasehold estate in land, together with the reversionary estate, come into the ownership of the same person and are held in the same capacity.

There must also be a clear intention to merge the estates.

Any mortgage on the leasehold title must be discharged.

The lease is absorbed by the reversionary estate and thus determined. For details of the various situations that may be encountered, the treatment of beneficial easements affecting the leasehold estate and how to make your applications against any affected titles, please see Determination: on merger.

You also need to take appropriate action in respect of the Points to consider on all applications, which sets out:

• what forms you should complete in respect of each affected title
• the documents you need to send
• how to act if either the lease being determined or its reversionary title are unregistered
• fees payable - none on this one as there's also a Transfer in play
• how to deal with any incumbrances affecting the determined lease

Adam, thanks for your reply.
I believe merging them should be straightforward because there are multiple houses on my terrace that have done the merge at some point in the past. Comparing those two titles for my house the list of covenants is exactly the same, so it does not seem anything will be lost.

I have already had one unsuccessful application for a merge, in 2019, and the reason cited was that there was a registered charge against the title - ie. there was still a mortgage, which I back then did not realise would be a problem. Now there is no mortgage, ie. no charges, and since there were no other objections in the reply letter to my application I am confident it would succeed now.

One question about the fees - you state there is none because a transfer is in play, however if I merge the title before applying for a transfer (those two cannot be done at once, right?), the fee of £40 should still apply? Just want to save some time and not to have to resend it multiple times.

Ah, just noticed that you wrote that a merger and a transfer can be done at once, sorry! Then one last question - on the transfer application do I just list the remaining title, or both? It is a bit confusing because the old leasehold ceases to exist in the process of the application.

Nic - think in order of events so if you are transferring both titles, and then requesting merger, you need to include both titles on the form TR1
The old lease only determines (ceases to exist) after the request has been actioned. And the request comes after the Transfer.
NB - understood and appreciated re neighbours and covenants and all fine if that's what you want to do. However I did specifically refer to rights (easements) being lost and not covenants. I'm sure it's just terminology but we must be very conscious that filling in and submitting forms is normally quite an easy task but it's very important to understand the implications of such applications/changes as well

Thanks Adam for further clarifications.
It is all pretty straightforward but it takes some time to understand what the terminology used means in practice. For instance for the phrase "There must also be a clear intention to merge the estates" it took me quite a lot of searching to finally conclude that I should add the following to the TR1 panel 4 (applications in priority order, below "Transfer of equity"):

"Merger of the leasehold estate registered under Title Number [Leasehold Title Number] into the reversionary estate registered under Title Number [Reversionary Title Number]."

I understand that a legal advice would be preferable, but I am just trying to save some money (I've been quoted close to £1000 for help with the forms!), and also trying to save time for both myself and any officer dealing with my application by avoiding common mistakes!