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Posted Mon, 26 Aug 2024 21:36:27 GMT by Anisa Alibhai
Hi,

I have paid off my mortgage in full. I had an Islamic mortgage and have now received discharge and transfer documents (DS1 and TR1) from the bank. As this was based on an Islamic mortgage, the DS1 has the lease title number (assuming this form is to surrender the lease) and the TR1 form has the Freehold title number. 

I have completed the AP1 form and ID3 forms for both my wife and I (one for each).

1. Am I correct in completing the AP1 form or do I need to complete the DS2 also?
2. AP1 form panel 4 - do I need to pay for three categories, Transfer, surrendering a lease and Discharge? If so, what are the correct categories I should select in the fee calculator so I can pay the correct fee?     

Please let me know.
Regards

 
Posted Tue, 27 Aug 2024 06:09:37 GMT by Adam Hookway
Hi Anisa - as you need to use form AP1 in this scenario you don't need a form DS2. The form DS2 is a standalone form only used if the sole application is the discharge.
Re form AP1 you list the transactions in order but there is only one fee, for the Transfer
Posted Tue, 27 Aug 2024 08:29:44 GMT by Anisa Alibhai
Thank you for your prompt response Adam.

1. Discharge - no fee (none)
2. Merger/Surrender of lease - no fee (none)
3. Transfer - market value is c£600k so fee is £145

would the above be correct for the purposes of Panel 4 in AP1 form? 

Re Surrender of lease, this is directly related to the mortgage being paid in full, the lease comes to an end when the mortgage is paid. Is there another form I need to complete or add with my application?

I have spoken to someone on the phone from Land Registry this morning and they seemed a little unsure if another form was required to surrender the lease. The bank have only sent TR1 including only the Freehold title number and DS1 including only the leasehold title number.

Does the DS1 form cover the aspect of surrendering the lease as I got the impression the lease agreement may not be removed from the title without an additional form.

Please can you advise?
Posted Tue, 27 Aug 2024 09:08:58 GMT by Adam Hookway
Anisa - leases don't come to an end on discharge of a legal charge. There has to be something else that causes the surrender for example a deed - see Leases: determination (PG26) - GOV.UK (www.gov.uk) which explains the many ways a lease can be determined 
So there's no other application form to complete and just AP1. You just need to ensure that you are applying against both title numbers and providing the supporting evidence to confirm that each transaction has happened.
For example - Discharge - form DS1
Surrender - Deed of Surrender
Transfer - form TR1 
i'd suggest sticking to just the one contact channel as in my experience if you are using our forum and ringing the Qs will differ re content and therefore answers may vary or be unsure 
And if you are unsure re how the lease has come to an end/been surrendered/determined then I would recommend seeking legal advice/assistance. There's a limit to the advice we can provide and we can't advise you on how your specific lease has been determined (surrendered) and what evidence you will need to provide to prove that

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