form TR1

Good afternoon.My question is regarding the completion of form TR1.I am the joint landlord of a building gf flat and ff flat,there is a 999yr lease,the lease contains covenants referencing the sale and notification to the other joint/landlord.The ff flat was sold and I was not notified of the sale or conveyancing.
My question is :Should I have been a signatory on the form TR1,the ff flat is register as my freehold,as landlord I also have joint freehold/nterest/obligations stated in the lease for the building (care and upkeep for example) The ff flat owner owns the freehold interest of my gf flat (known as a leasehold reversion)

Good afternoon Chris - We cannot tell you if you should have been a signatory or not without looking at the relevant title details.  However in principle, the signatory on the transfer would have to be whoever is named as the registered proprietor of the title concerned.  If the leasehold title was being transferred and you were the freeholder, then you would not be a party to the transfer. 

If you wish us to look more into the matter then please provide us the relevant title number(s) or the property address. 
 

Thank you Nimish,the titles are .AV190450 ; AV190451 ; AV193621 ; AV193519 .There is a reference within these titles to AV113211,this is the title from when the house was built 1888,in 1989 when the property was converted into flats the leading four titles were created,AV113211 is referenced in the lease,and it is this title that is used to describe the joint freehold/the building structure. (title AV113211 is now oblolete it is simply used in the lease to describe the building structure,foundations,walls.timbers,roof,communal hallway,boundaries.)

From my reading of form TR1 there seems to be two reasons for my signature,I as the joint landlord of the shared freehold (the building) 2.The ff flat which was sold is also my freehold...the ff flat holds the freehold of my gf flat,we are both leaseholders of our own flats,we are joint landlords of the building structure,we are landlords of each others flats.

Chris - If, for example your comments relate to transfer of the leasehold title AV190450, then we would not be looking for your participation in the transfer deed as you are not listed as the registered proprietor of that title.  You may be the registered proprietor of the freehold title (AV193519) from which the leasehold title AV190450 is granted, but that does not mean you are party to the transfer of the leasehold title. 

If there was a transfer of the freehold title, AV193519 then we would require your participation in the transfer.  

It appears you may have raised the same or similar query in August 2021, in which case I would refer you to our letter of 17 August 2021.  

Nimish,looking at title AV193519. A: Property Register 1. Describes 271 the building ;parking bay (this I believe is ff flat and gff flat joint landlord freehold.

Then, NOTE As to the part tinted blue on the filed plan only the ff flat is included in the title.

moving down to:

B:Proprietorship Register

THIS register specifies the class of the title and identifies the owner.It contains any enteries that affect the right of disposal.

Title absolute.1  Proprietor CDF (thats me !) ...So as the registered proprietor,should I also have signed HMLR form TR1 ?

Chris - There has been no transfer or any change of title AV193519.   There has been no application against the title.  

Thank you Nimish,I do not know when the conveyancing of the ff flat commenced , I received a cc email from HMLR Durham 12th Feb 2021,warning the conveyancing solicitor of cancellation (keep in mind I had been completely excluded) the new owner occupied the ff flat July 2020.

The new owner/occupier of the ff flat Ms CC is noted on AV190450 dated 13 July 2020,to be clear,it is this property transfer I am disputing.

During my absence from replying,I have checked how and where I should have been notified,the lease makes reference that Mr GF off the ff flat should have given me notice,he did not as he owed me money,breach of other lease terms etc..But on reading and watching the information video I see that  HMLR form AP1 includes reference to leasehold properties and landlord.

Nimish,reading my above query,should I (as landlord) have participated with or been contacted by either of the conveyancing solicitors for the completion of form AP1,I note that the HMLR states that they no longer contact other/third parties.

Chris - We would not require participation of anyone other than the person(s) who is named as the registered proprietor in  B:Proprietorship Register of the relevant title register.  

If the lease states that the leaseholder should notify the landlord about any sale, then that is matter outside of HM Land Registry's involvement. 

I would suggest you seek legal advice on the matter. 

Many thanks for your advice and expertise,kindest regards Chris.