Authority to sell - management company

Hi,

We are due to exchange and complete today or tomorrow and there is a restriction on our title NN288863 which states Homes and Communities Agency needs authority before we can sell.. problem is this Agency closed in 2018 and benefits passed to Homes England.. we have just had to wait 2 weeks for them to come back last night to say the benefit had passed to another agency called the Land Trust.. our question is.. if I purchased my 25% share back in 2010 and no update to my title has been registered with either of these new agencies.. is this restriction even valid now? do we still need this for our buyers to complete and register as new owners.. 

Hi Tami - that's a Q for your conveyancer to answer for you as to what the legal position is. As things stand from a registration perspective we need a certificate to comply with the restriction as appropriate. If the clauses within the Transfer as stated need to be complied with then you need to rely on your conveyancer to clarify/confirm matters for you
NN288863 

Thanks, It's actually a deed of covenant we are waiting for as there's something in the lease and they added this restriction on the title to ensure they get paid etc.. my question wasn't do we need this it was more should the change of management company been registered each time it changed? this would have saved months of detective work and we wouldn't have had the delays we have experienced unnecessarily. It is just really frustrating as we may lose the house we are purchasing due to this not being done.

Tami - no, the register doesn't have to be updated re the change of name re the management company. It can be if they apply to do so but the specific protected interest doesn't change so most don't apply to update the register as a result

Thanks Adam - It seems that's the case. Seeing as I have been in my house 15 years a lot changed in that time. Maybe it should be required then the result would be easier for all parties involved.. but that would make it too easy wouldn't it. Thanks for confirming.Tami