Help - pending application against the Title with Land Registry - cant exchange

had an offer on this house accepted 2 1/2 months ago, 
got to exchange day and was told there is a hold up due to  pending application against the Title with Land Registry

can anybody help me speed this up?

the address is 45 westminster avenue, blackpool. 

solicitor is not being helpfull at all and just says its a waiting game 

but this is not helping me as i have to be out of my rental by jan 10th at the latest 

thanks

Jess - do you mean Westminster Road perhaps? There's no Avenue
If so then you/the conveyancer needs to request expedition to hasten the process - Request an expedite - GOV.UK
LA595224 - S724NNT

Hi, sorry yes it’s Westminster road 

I have asked for this to be done but not sure if they have done it, nobody seems to be rushing or helping, the solicitor just seems happy to take the money from me 

we were due to exchange on the 2nd December and since this just not getting anything back 

jess

Hi Jess - I'll ask colleagues to expedite it instead so processing will start asap. 
I assume your own conveyancer is aware of what has been applied for and has assurances from the seller re how it will be dealt with on exchange/completion
LA595224 

They have told us there is a pending application that needs to be removed and that’s all they have said at the moment 

Jess - expedition gets it processed. If they need it removed then the applicant needs to cancel/withdraw the actual application
It's been partially processed now and we are contacting the registered owners (your sellers presumably) to advise them of the application - that notification is issued by post and they have until the 9th January to respond as appropriate.
I would recommend that you speak to your own conveyancer to confirm what needs to happen next 
LA595224 

Hi, 

thanks for you help before christmas, 
we still have not had any update from the solicitor nor a response so was wondering if you can see on your end how things are progressing with this?

also we have asked but again got nothing back, please could you explain exactly what the hold up is as we dont understand the issue 

thanks

Jess

Hi Jess - the application is still with us whilst we await replies from the registered owners, your sellers I assume
They have until 9th January to respond to our contact. So far no replies received and if that remains the case then the application will be completed and the register updated shortly after 9th January has passed
LA595224 

Hi adam, 

thanks again for all your help on this 

we finally had an update and it was this 

"They came back to me to advise that they’ve liaised with the company who’ve submitted the application and that it’s for an interim charging order, they’ve asked that the company remove or expedite the application and they’ll confirm with us once done"

however as you have already started this process does this mean it will be removed around the 9th if they dont come back to you ? 

thanks

Jess

 

Hi Jess - the pending application is to register a restriction. So nothing is being removed but a new entry made on the register to restrict the legal owners. 
LA595224

Hi Adam, 

im really confused as to what is happening, 

I was under the impression this charge had to be removed before we can exchange and get the keys for the property 

if the charge isn’t being removed and something added what’s being added? 
 

this seems like they are not doing what they are supposed to be doing 

who knew buying a house was so hard :( 

Jess 

Hi Jess - it will be confusing unless your conveyancer clarifies what it is that they are actually waiting for before you are able to complete.
For example is it something that is already registered OR is it completion of the actual pending application which is to register a restriction. It could be one or it could be both but only your conveyancer will know.
When you are buying a property there are two main things to check. The first is does the seller own it. And the second is what other interests are protected on the register and/or perhaps being protected on the register. 
In this case you have third party interests that have already been protected on the register and a pending application to register another in the form of a new restriction.
Your conveyancer will be aware of all this and the seller's conveyancer would usually explain how each is to be dealt with, removed, cancelled or paid off as appropriate to enable you to complete on the purchase. That's their 'conveyancing' job. 
Your original post stated that you knew there was a pending application and that this was holding things up. That's correct and it will not be completed and the register updated until after 9th January as things currently stand.
Once it is completed and the register is updated the conveyancers can then explain what needs to happen next to enable the sale/purchase to complete. They are the only ones who will know what is happening in 'conveyancing' terms 

Hi Adam, 

hope you are well 

i have some some more digging to look exactly what we are waiting for and have the following : 

removal of the following charge : 

S724NNT
on title number LA595224
the charge was from restons solicitors ltd in aug 2024

this is what is stopping us exchaning, as we cant until this has been removed, they have been requested to remove it in november 

hope this helps a bit, again the solicitor is trying his best but there are a chain of people involved and nobody is replying from restons 

hope you can shed some light on it 

thanks

Jess
 

Hi Jess - the application you refer to is the one to register a restriction. It's not to remove anything and nor have Restons asked to withdraw it.
The application is close to being completed as the wider checks complete today. If no replies have been received, and none are showing up as yet, then it should be completed in the next 48/72 hrs and a new restriction added to the title as appropriate 
After that any sale/purchase will be based on the updated register as normal and any exchange/completion can take place as appropriate.
The restriction to be added is what is known as a standard form K restriction. There is one already registered as well re another charging order. The conveyancers dealing with the sale/purchase should both be aware and also of the impact/requirements associated with such form K restrictions and how they can be complied with when completing on a sale/purchase - see PG 76 section 4 Charging orders (PG76) - GOV.UK

Hi Adam, 

this is brilliant news, thankyou once again for helping me out on this, your help has been invaluable 

i will update our solicitor to check again after this time frame :) 

Thanks

Jess

Morning Adam, 

can i check this has been updated? i have asked my solictior to request the updated title so hoping its shown as complete and things can get moving ! 

Thanks

Jess

Afternoon Jess - the application was completed and the register updated on the 10th January 
LA595224