Delay getting title for new build

Ref VA23ED9
Hi, I completed on my new build shared ownership flat in June 2022, my fixed rate mortgage term ends next month (Nov 23) and the lender needs the title in order to proceed with this. This offer was secured in May/June. Expedite was granted several months ago. Without the title I am unable to remortgage, and I will go to tracker rate. This monthly payment will double my mortgage payments and then some ! On top of the monthly rent. I won’t be able to afford this ! The new mortgage offer I’ve got expires in November and without the title I am unable to proceed with this. I’ve been in almost daily contact with my solicitor since June who have been trying to chase this up, when I rang Lr yesterday I was told there isn’t much I can do, even though mine had been expedited, there are prior applications ahead of mine that aren’t due to be looked at any time soon (05/24 to be precise) and mine can’t be looked at until then regardless of the expedite, and told the chances of Me getting the title in time was not likely. I was told I would get an email from the lady I spoke to yesterday on the phone to follow up, but I haven’t had said email. I have also paid £300 for a RICS valuation of the flat in order to staircase, this expired and was a further £200 to extend until November, as the new mortgage offer was on the assumption that I would have the title in time for this to go through at the same time as remortgage, this I am unable to do also until title is provided. Even with the stair casing, the new mortgage offer will be considerably less monthly than going onto tracker rate at current share, and with no monthly rent as it will no longer be shared ownership. Without the title I am unable to remortgage, unable to staircase, unable sell without the title. I feel completely stuck as I am unable to do anything exept wait for the fixed rate to end and be on tracker rate for an open ended amount of time which I can’t afford. Help!!! 

Daniella - Apologies for the delay and the stress caused by it. I will check with the relevant team and update you once I have some idea on what's happening. 

Thank you Nimish!

Daniella - I am told at this point we are unable to complete your application as we have prior applications pending against the landlords title that need to be completed before we can consider the one from which your title is granted. Some of the prior applications are awaiting a reply to our queries from the conveyancers who submitted them while the others are being considered currently.  We are only able to consider your application once the prior applications have been processed. 

Your application has been marked as an expedite so we are aware of the urgency and will do all we can to process it as soon as possible.  However, it is not possible to indicate any timescale as that is dependent on how soon the conveyancers who submitted those other applications are able resolve our queries.  

It may be helpful to point out that whilst we complete over 94% of the expedited applications within 10 working days, expedite means that the application is treated as a priority after the request has been approved.  How long it then takes is entirely up to whether the application can be completed there and then or not.  If the evidence provided is sufficient, and no additional actions are required, then we will complete them straight away. But if the evidence is not sufficient then the timescale will be stretched as the person / firm who submitted the application will need to resolve those issues and we may to carry out some other checks. 

I am sorry for a unhelpful response. 
 

Hi,

Is there any update on this please? 

Many thanks

Daniella 

Daniella - Sorry but we are still waiting for issues relating to prior applications being resolved. 

<p>Hi, as I am STILL waiting for the title, is there any further update please? I completed in June 22 and been chasing the title since spring 23! This is ridiculous - I have been forced into a corner where I am unable to sell or remortgage due to not having the title and I am stuck on a variable mortgage rate which has more than DOUBLED my monthly mortgage payment. This is costing me HUNDREDS of pounds A MONTH&#160;that I simply DO NOT HAVE!!!!!! after the reply from yourselves with nothing actually coming from it, I am STILL pulling my hair out over this, I have complained in writing to yourself and I am still waiting for something that I should have had on completion 18 months ago! Fuming doesn’t cut it. And your responses to date are not helpful either. I was told in JUNE 23 that this property along with prior applications had been granted expedited status. What’s the point in even doing this when I’m still here 7 months down the line still waiting.

Regards

Daniella

HI Daniella - I am sorry that the registration saga continues for you. The prior applications my colleague referred to appear to have been reduced to just one now as we still await a response from the lodging conveyancer (Birketts) for that case.
The current cut-off date for a response is 23rd January and if they do not respond in full by then their application may be cancelled and in turn perhaps clear the way for the later applications, including your own to be completed.
You purchased a lease (30th June 2022) from Heylo Housing, who in turn had purchased a lease from HH NO. 2 LIMITED (also 30th June 2022), who themselves had purchased a lease from Linden Limited (also 30th June 2022) and it is Linden Limited's wider development and older registrations that have prevented your registration from being completed.
You are correct you should have had a completed registration much soon after your own completion but unfortunately the delay in our being able to do so is now very much down to the failure of the conveyancer(s) to submit everything required to allow the series of applications to be completed. We cannot complete your own leasehold registration until your landlord's title and their landlord's title have ben completed.
If you post again after the 23rd January we can check again for you to see what steps have been taken re the prior application I refer to.

Thank you for your reply, it is somewhat nice to have an idea of the ongoing situation in regards to the title, however this along with all prior applications were given expedite status in June 2023 and I’m still without the title. 
In regards to the one you are waiting for, when you say they May be cancelled, and perhaps it will clear the way, with what timeframe?! I was told late last year that no further extensions would be given to outstanding applications holding mine up, but they were indeed given extension After extension. I was told this wouldn’t be the case. Several months have passed now and I need to put the flat on the market imminently, as a direct result of my mortgage payments due to not having the title. It is still costing me several hundreds of pounds per month. And I am still without the title. 

Daniella - frustrating I know but if the conveyancers don;t lodge a quality application we can't register anything. 
Expedition reduces the wait time from receipt to processing only and then the speed with which quality issues are addressed once a conveyancer has responded in full. 
Sadly expedition is not a magic wand re quality
I state 'may' be cancelled simply because they may ask for more time or they may respond and their reply gives rise to other issues that then need to be resolved.
I totally understand the impact this is having on your financially however where any recourse might be available is a complex one as you completed on a purchase of a lease which was reliant on a domino effect of transactions between the parties I mentioned. 
My first port of call would be your own conveyancer to clarify and confirm how and when completion took place in such circumstances. That is not an attempt to try and pass any blame but just a question to be asked as that may then impact on whether you pursue matters further with HMLR
We do have our own compensation scheme for maladministration. This is explained in section 11 of Practice Guide 39 as 'a failure to carry out proper procedures or to meet published quality of service standards'. Our current processing times are detailed on GOV.UK, as is the standard for expedited applications.
If you feel that you should be entitled to some compensation then please refer Section 4.2 of Practice Guide 39 which gives information on how to make a claim and the information to include, should you decide on this course of action.
 

Hi, 

Following on from thread, I finally received the title through on the 23rd January 2024 after waiting for the title since moving in June 22, despite expedite granted in June 2023. I am now waiting for LR for final stage of staircasing to go through, my valuation expires next week, due to the extensive delay with getting the title this is now the third valuation I have had to pay for (£350 each time) is there anyone who can keep an eye out for this to turn this application around promptly, on the back of this? I am currently still on standard variable interest rate due to ongoing delays with the title. Many thanks

Hi Daniella - I have checked our records and cannot see any application currently pending with us.  Because of the volume of contacts we get it would not be practical to monitor a particular title for when an application is submitted or what is happening to it.

Once an application is submitted then a request to expedite it can be made by you or whoever has submitted it. This will ensure the application is treated as a priority. You can then contact us here to check what is happening.

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