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Incorrect name of proprietor on new Title registered
Incorrect name of proprietor on new Title registered
Posted
Fri, 30 May 2025 13:00:56 GMT
by
Matthew Purser
<br> <span style="font-size:12pt;"><span style="line-height:115%;"><span style="font-family:Aptos,sans-serif;">Adam</span></span></span><br> <span style="font-size:12pt;"><span style="line-height:115%;"><span style="font-family:Aptos,sans-serif;">Following on from above thread about transfer of a residential long lease, things have changed so I have a couple of questions.</span></span></span><br> <br> <span style="font-size:12pt;"><span style="line-height:115%;"><span style="font-family:Aptos,sans-serif;">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.  </span></span></span><br> <br>   <ol> <li><span style="font-size:12pt;"><span style="line-height:115%;"><span style="font-family:Aptos,sans-serif;">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? </span></span></span></li> </ol>   <ol start=2> <li><span style="font-size:12pt;"><span style="line-height:115%;"><span style="font-family:Aptos,sans-serif;">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.</span></span></span></li> </ol> <br> <span style="font-size:12pt;"><span style="line-height:115%;"><span style="font-family:Aptos,sans-serif;">So in summary, does a limited company as named transferee on the TR1 require a signature? <br> <br> And if yes, is an electronic signature accepted?</span></span></span><br> <br> <span style="font-size:12pt;"><span style="line-height:115%;"><span style="font-family:Aptos,sans-serif;">Many thanks for your help.</span></span></span><br> <span style="font-size:12pt;"><span style="line-height:115%;"><span style="font-family:Aptos,sans-serif;">Matthew.</span></span></span><br> <br>  
Posted
Fri, 30 May 2025 14:36:23 GMT
by
Adam Hookway
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 - <a href="https://www.gov.uk/government/publications/execution-of-deeds/practice-guide-8-execution-of-deeds">Practice guide 8: execution of deeds - GOV.UK</a><br> 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. <br> That and the issue of how the company executes the deed from overseas would be something to get legal advice on as appropriate. 
Posted
Fri, 30 May 2025 14:58:52 GMT
by
Matthew Purser
Adam,  much appreciate your advice.<br> <br> I'll ask the director if there's a UK based person such as secretary.<br> <br> Thanks again<br> Matthew
Posted
Fri, 06 Jun 2025 08:50:19 GMT
by
Matthew Purser
Morning Adam, sorry a couple more questions. <br>   <ul> <li>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.</li> <li>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?</li> </ul> <br> Many thanks<br> Matthew<br> <br> <br> <br> <br>  
Posted
Fri, 06 Jun 2025 15:39:28 GMT
by
Adam Hookway
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<br> If you are applying yourself then we will need the original Deed. A certified copy of the LPA is fine though.<br> 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 <a href="https://www.gov.uk/guidance/making-an-application-without-legal-representation">consider the benefits of using a conveyancer.</a><br>  
Posted
Mon, 09 Jun 2025 07:58:26 GMT
by
Matthew Purser
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.<br> <br> 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.<br> <br> Thanks<br> Matthew<br>  
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