Incorrect name of proprietor on new Title registered

Hi Forum team, I ask for your thoughts / guidance please:
 

1. My parents own(ed) a tiny leasehold studio flat in London.

2. In October 2020 they signed a TR1 to transfer title to me and my sister. It was witnessed by a qualified verifier.
3. Due to their solicitor retiring, submission of the TR1 was not immediately submitted to LandReg
4. This we realised in 2022. We instructed a solicitor to register change of ownership.
5. On application to freeholder for license to assign, he offered a lease extension, by way of surrender and grant of new lease. We accepted given a marginal increase to value of the flat.
6. Hence the existing lease was surrendered, and a new lease was executed in May 2023. We only received the new title docs last week.
7. The proprietor is shown as my mother which is clearly wrong! The lawyers claim they followed our instructions. Whilst we disagree, there are emails which, we accept, may have given rise to confusion.

Informal advice I’ve received from a friend said if we write to LandReg explaining the error, there might be some correction of the error. Can such errors – when a new title contains an error – be corrected?

We are very upset as the whole point of the TR1, signed 4 years ago, is that it has been the intention of my parents to gift the flat to me and my sister. Any thoughts or advice will be most welcome. Many thanks.

Hi Matthew - if the error was in the deed(s) submitted for registration then the error can only be corrected by way of a new deed as appropriate. Bullet point 6 suggests the surrender and new lease was in your Mother's name and I assume that's the error you are highlighting
If the error was in how we registered the new title when it should have been in someone else's name then you can use our contact form to highlight the error and to request amendment - Public guidance: dealing with land and property - GOV.UK

Hi Adam, thanks very much for your swift reply.

The error is in the deeds submitted for registration.  So as you say, it'll require a new deed. So does this mean submitting a new TR1, AP1 or both?

My mother, now the unintended  proprietor, has in the last 3 years lost much of her mental capacity. Both my sister and me both hold a lasting power of attorney which has been in force for 5 years.

Given the circumstances, I do not wish to work again with the solicitor we used previously. As we are now doing everything possible to reduce my mother's expenses (care homes scarily expensive..) I'd like to do this direct, hence me finding this excellent forum.

However should I assume my sister and I have to include ID1 or ID3 forms, plus I assume certified copies of the LPAs? 

Finally, does the process take longer with me submitting the forms direct - so not via solicitor ?  
Many thanks.
Matthew

Hi Matthew - both. Form AP1 is the application form. Form TR1 is the legal deed/transfer.
Your assumption is correct re LPAs and identity if both of you are transferring the legal ownership
No, the timescale is the same

Adam, much appreciated, thank you.

Adam, I'd much appreciate once again your guidance with AP1

Per my previous posts above, the TR1 records transfer of a long leasehold title from my mother to my sister and I.
 

1. Does the AP1 applicant have to be the present owner (i.e. my mum) or can I be the named applicant? In the AP1 Guidance document re Panel 7 it doesn't stipulate.
2. Also in Guidance document for Panel 5, it shows what seems to be self-certification if an individual submitting the application and supporting documents. Am I correct ? It would save time an money if I don't need to pay a solicitor to certify.

Many thanks
Matthew 

 

Matthew - the applicant (panel 6) should be the name(s) of those to appear on the updated register
Panel 7 is for the name and address/details of whoever is actually submitting the application and who will then deal with any requests as appropriate
You can self-certify copy documents

Adam
Following on from above thread about transfer of a residential long lease, things have changed so I have a couple of questions.

The proposed transaction is now surrender of lease of a tiny studio flat in a building that is in very poor condition, requiring major (very expensive) works, the cost of which is shared by the residents.  

 

1. The freeholder company – to be the transferee - is a private limited company registered in the UK. Is a signature required by someone representing this company? 

 

2. Signature. The director is based outside the UK for most of the year.  I’ve read Practice Guide 82, and am very confused if electronic signatures are accepted or not? If not, then I’ll have to send the documents abroad, plus the director tells us he’ll need to find someone locally who qualifies as an ID3 verifier. The cost of both will be expensive.

So in summary, does a limited company as named transferee on the TR1 require a signature? 

And if yes, is an electronic signature accepted?

Many thanks for your help.
Matthew.

 

Matthew - for any deed to be 'legal' it needs to be executed by the parties involved. If that's a company then that would be a Director/Secretary for example - Practice guide 8: execution of deeds - GOV.UK
Whether a Transferee needs to execute the transfer usually comes down to what the transfer contains such as any declaration of trust or additional provisions. 
That and the issue of how the company executes the deed from overseas would be something to get legal advice on as appropriate. 

Adam,  much appreciate your advice.

I'll ask the director if there's a UK based person such as secretary.

Thanks again
Matthew

Morning Adam, sorry a couple more questions. 
 

• As this a surrender of a lease, there will be a deed of surrender executed by the freeholder company and my mother. She will submit a certified copy this with the AP1.  Do we also need to include a TR1?  Somewhere I read it's not essential, so just checking.
• My sister, who holds a lasting power of attorney which has been in force since 2018, will sign both also the deed of surrender. Will self certified copies of the LPoA and Deed-of-Surrender be acceptable?

Many thanks
Matthew​​​​​​​




 

Matthew - if it's a surrender and regrant there isn't normally a Transfer as well unless of course the legal ownership is being transferred after the grant
If you are applying yourself then we will need the original Deed. A certified copy of the LPA is fine though.
Land registration is complex, designed to protect legal and financial interests in property. There can be significant consequences for any error. Please consider seeking legal representation. Before making an application without legal representation, it is important to consider the benefits of using a conveyancer.
 

Adam, thanks for your advice, and your suggestion re getting some expert help. Given the time I've spent wading through stuff on the web and elsewhere, perhaps I should have done that sooner..!  Without your help it would have been a lot harder, so thank you.

This now has become a lease surrender, no leaseback or transfer of the existing lease. So I was hoping to process the surrender without the expense of solicitors etc. It's my mum's flat, it needs a great deal of work and expense, and her finances are very stretched.

Thanks
Matthew