Restrictions in section B and removal times

Hello.
My partner and I have been in the process of selling our house since February this year. We have never sold a property Before so all this is new to us. On Friday 22nd August (yesterday) we were supposed to complete. At 11 oclock that morning my house was empty with the 3 children at my mother-in laws house, I then received a phone call from my solicitor saying we are unable to complete due to restrictions on the title register. I was devastated to say the least. 

I have contacted the owners of the restrictions (nationwide and south staffs water) and settled what was owed £256 & £268 (to south staffs water) & £2161.02 (nationwide) I have requested confirmation/satisfaction certificates from both company’s. The restrictions were put on the register in 2008, 2011 & 2013.

How long would it naturally take for these to be removed from the title register now that payment has been made?

is there anything I could do to speed up the removal of the restrictions?

At the moment both my buyer (first time) & seller (no chain) are happy to wait a week or 2 but I’m unsure on how long it will take.
 

SF148622.

Thanks 👍

 

Hello Stuart - they will need to apply to remove the restrictions. And then a request to expedite will be required. 
Expedition generally means that they are processed within 10 days but everything then depends on them being in order of course
Request an expedite - GOV.UK 
The restrictions are what are known as form K restrictions protecting charging orders and you may wish to refer your solicitor to section 4 of our PG 76 section 4 for guidance - Practice guide 76: charging orders - GOV.UK

Hello Adam 

Thanks for the advice. 

I have the satisfaction statement from nationwide which states the restriction number from the title and that the account is now satisfied. I’m hopeful that I will have the same from south staffs water very soon. 

When I have the necessary documents I will apply to have it fast tracked as the mortgage offer might expire if I wait. 

Would the three instances need to be applied separately on individual forms or can they all be on one form? 

Thank you. 

Stuart - separate forms from separate applicants but if they have 2 restrictions then they could apply on the one form for their two so to speak. They'll advise no doubt

Thank you for the help Adam 👍

Hi

Are the forms to be posted or is there an online/email option?

thanks 

Stuart - all depends on the firm and whether they use our business e-services or not. If they do then they lodge them electronically with us. If they don't then postal

Hi Adam. 
 

My solicitors and I now have proof for the satisfied charges from both company’s.
 

from PG76

“We will automatically cancel the Form K restriction once it has been complied with on registering a transfer of the registered estate for valuable consideration (except where the transfer is to one, or more, of the existing proprietors). We will assume that if the debt secured by the charging order has not been paid, your client’s interest will have come to an end with the postponement of the charged beneficial interest under section 29 of the Land Registration Act 2002.”

With the restrictions now complied with (paid in full) and with evidence to prove so, if I’m reading/understanding the above correctly the new proprietor can in theory be registered to the address and the evidence submitted to the registrar and removal of the restrictions will be removed upon registration. 
 

also both nationwide and south staffs water have also confirmed that they have started the process of removing the charge. 

Hi Stuart - the guidance you have quoted relates to complying with the words of the actual restrictions, not paying off the debts
Compliance is following the form K restriction wording, namely notifying the creditor(s) of the sale/purchase. The buyer's conveyancer then confirms that has been done when submitting their application.
If you have informed the creditors of the sale/purchase then it's that the conveyancer requires to show that they have been complied with and to then overreach the form K restrictions 
You have chosen to pay off the debts and wait for the creditors to then withdraw their restrictions. 
Neither have as yet submitted their applications to do so.
I'd suggest speaking to your conveyancer and the buyer's conveyancer to confirm and to decide what to do next. Wait for the creditors to submit their applications or can the buyer's conveyancer comply with the restriction wording, complete and submit their own application to register their purchase

Thanks for the advice. I will follow it exactly.