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Where Taxpayers and Advisers Meet

Solicitor did not register transfer to LR

Bill31
Posts:49
Joined:Sun Jan 19, 2020 12:32 am
Solicitor did not register transfer to LR

Postby Bill31 » Sat Oct 09, 2021 12:14 pm

Me and my father owned a property as tenants in common. I bought his share out of the house, and he used the proceeds to buy his new place.
Everything was legit we used a solicitor and I paid Sdlt. But i realised now the solicitor hasn't registered the transfer with LR. Its still showing in both our names, I also took out a mortgage (before the house was mortgage free) when I bought him out and this is registered against the property, but his name wasn't removed as intended.

What can I do about this? The solicitor is independent and isn't answering back to me anymore.
Can this transfer still be registered with LR and backdated to when it actually took place? I dnt want to cause my father a cgt and iht issue by having his name still registered at a property he doesn't live in.

maths
Posts:8430
Joined:Wed Aug 06, 2008 3:25 pm

Re: Solicitor did not register transfer to LR

Postby maths » Sat Oct 09, 2021 9:16 pm

If the legal title was held jointly by you/father which was held for each of you beneficially as tenants in common then father's beneficial interest could have been transferred to you by both of you simply executing a declaration of trust in your favour. In this scenario you/father could stay as legal title holders and thus no need to change the LR register. On you getting the mortgage, in this scenario your father would also have had to have signed the mortgage papers.

If you purchased father's beneficial interest then form TR 1 should have been completed with father's name being removed as a joint legal title owner.

I'm not sure what the solicitor did/did not do.

Bill31
Posts:49
Joined:Sun Jan 19, 2020 12:32 am

Re: Solicitor did not register transfer to LR

Postby Bill31 » Sat Oct 09, 2021 10:00 pm

I'm not sure what the solicitor did. I can't get hold of them anymore.
Currently and we have always been beneficial joint owners as tenants in common, there is also a form A restriction on the LR deeds.
I purchased my father's share at market value, paid SDLT as far as I'm aware as part of solicitors costs. On the mortgage I took out, father did not sign anything only me.
LR said they have not received any TR1 forms for the transaction, and I'm not sure how to progress. I need his name and the restriction removed .

Not being able to get hold of the solicitor who is independent and doesnt work for a firm is frustrating for me to get any clarity. I just don't know how to progress in getting this resolved. Me and father did both sign a tr1 form and handed this to solicitor with id1 forms. They obviously didn't lodge the form to LR, and now awol.
Any further advice on what I should do to resolve this appreciated?


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