Title Transfer

Hi,<br> we submitted a title transfer to our son in early February of this year and it is still not completed. Can you please advise what the reason is for the hold up?<br> <br> can we expect completion anytime soon?<br> <br> We would also appreciate it if you could clarify when title ownership is executed please. Is it upon application or is after you have completed your process? Our account has advised that any rental revenue from the property is still our responsibility until the title is transferred, hence the question of when title transfer takes effect.<br> <br> Many thanks&#160;<br> David and Amanda Hills<br> &#160;

Hi David - can you give me the title number please.&#160;

Hi thanks for the fast reply. Title number is CE229245.

Hi David - Thank you.&#160;<br> <br> The application has been caught in the delays that we currently have and is awaiting to be looked.&#160; Because it includes and application to remove a restriction on the title it has been marked as a complex by our systems.&#160; You can find the current processing times on our <a href="https://www.gov.uk/guidance/hm-land-registry-processing-times">website</a>.&#160;&#160;<br> <br> If there is some urgency or the delay in registration is causing you some difficulties then you or the solicitors who submitted it can ask for it to be <a href="https://www.gov.uk/guidance/request-an-expedite">expedited</a>.&#160;<br> <br> With regards to when the change in ownership comes into force, the transfer becomes a legal deed on the date when it is executed, i.e. signed and dated in presence of the witness.&#160; The date of registration does not have any bearing, however you should consult your legal advisor on the matter.&#160;<br> <br> I hope this is of some help.&#160;

<p>Thank you for clarifying. We will contact our lawyer and seek their advice.</p>

Hi,<br> <br> This is the advice we have received from our Lawyers:<br> <span style="font-size:10.5pt;"><span style="background:#e0e0e0;"><span style="font-family:Roboto;"><span style="color:black;">, In England and Wales, the legal ownership of a property transfers upon the registration of the transfer deed with the Land Registry. Until the registration is completed, the seller (in your case the Transferors) holds the legal estate on a bare trust for the buyer (the Transferee, your son). This means that Jordan has the beneficial interest in the property, but the legal title remains with you and your wife until registration is finalised. Regarding financial liability for rental income, the beneficial owner (Jordan) is generally entitled to the rental income from the date of completing the transaction, which is the date of the transfer deed, 28 Feb 2025. However, since the legal title has not yet transferred due to pending registration, you, as the legal owner, may still be responsible for managing the property and collecting rent until the registration is completed. In summary: - Jordan is entitled to the rental income from the date of completion (28 February 2025 in this case). - You and your wife still hold the legal title until the registration is completed but act as trustees for Jordan. </span></span></span></span><br> <br> So whilst we can transfer the proceeds to Jordan, I suspect that HMRC will still hold us accountable for the tax on any rental income as we are still the legal owners.<br> <br> This being the case, is it possible for you to expedite this matter immediately as we need to complete our tax returns and ensure that legal ownership is transferred as soon as possible. This will avoid unnecessary complications in terms of income tax, and any other taxes that the Labour Government may see fit to introduce in the Autumn budget should they so decide.<br> <br> Many thanks in advance for your prompt attention.<br> <br> David Hills

Hi,<br> <br> We have looked at the link you provided to expedite the application, but it clearly states that Land Registry will not expedite an application already in progress. This is from the web page provided.<br> &#160; <h2 id=eligibility-criteria>Eligibility criteria</h2> <p>You can apply to expedite an application if the delay would:</p> <ul> <li>cause legal, financial, or personal problems not related to a land transaction</li> <li>put a property transaction at risk, for example, a refinancing deal or development.</li> </ul> <p><strong>We will not expedite an application:</strong></p> <ul> <li><strong>already in progress</strong></li> <li>to search the register, including searches of the index map</li> </ul> So, is it possible to expedite or not?<br> <br> Many thanks<br> David Hills

David - you might wish to check with HMRC to ascertain when the tax liability ends/starts as appropriate<br> If there is an urgency then you can request expedition as per my colleagues previous post -&#160;<a href="https://www.gov.uk/guidance/request-an-expedite">Request an expedite - GOV.UK</a>&#160;<br> 'In progress' does not refer to submission. It refers to the actual processing of the case itself as most cases are completed same day as processing starts. Or if not in order more is requested from the applicant. In your case processing has not yet started so it is 'not in progress' - I hope that helps<br> CE229245

<p>Hi Adam, thanks for the explanation. Looking at the requirements to expedite, I also need the HMLR Reference. Can you please provide this?&#160;<br> &#160;</p> <p>thanks David</p>

David -&#160;I167LTT

Hi Adam, the title change request was expedited over 2 months ago now. Can you please advise what is happening to it now and when we can expect a response?<br> <br> many thanks<br> david

Hi David -&#160;I167LTT was completed on 24th September and the conveyancer notified<br> Processing started on 27th Aug but we needed more from the conveyancer before it could be completed<br> CE229245

<p>Hi Adam,</p> <p>thank you for the update. So if I read this correctly the props should now be in our sons name as of 24 September. Please confirm if this is correct?</p> <p>if it is correct I will contact the conveyancer and ask why they have not informed us.</p> <p>best regards</p> <p>David</p>

Hi David - the second title has also been completed and the register updated to the new name as well.<br> There can be a time lag between a conveyancer being informed and them updating their client but all depends on their own processes and what was agreed at the time of asking them to act for you of course<br> CE229245