Long delays with Land Registry, what can be done?

[Madmax86]

Is anyone else experiencing really long delays with Land Registry?

My solicitors submitted an application to add my wife to one of my BTL properties in December 2021. This has still not been confirmed by Land registry due to a "severe backlog".

So a simple transfer of equity process which only took around a month for the solicitors has now taken 6 months to action.

I did this because I am a higher rate tax payer and my wife doesn't work so basically, the longer this takes to complete, the higher I pay in tax.

Is there anything I can do in this situation or is it something that is simply out of my control?

[pilman]

Surely if a transfer deed has been completed then the ownership had already been transferred into joint names as from the date shown on the deed.

The other date on which it can be shown that ownership changed hands would be the date when Land Registry received the application from your solicitor, as that will be the date shown eventually when registration is completed. Although there will also be a reference to when the transfer was dated.

Your solicitor who probably uses electronic application will be able to confirm when the application was made.
The example below is from a current Register of title that shows the relevant dates.

Title absolute
1 (07.02.2012) PROPRIETOR: Wendy Gates and PAUL Lewis of The Roost, Bedford Road, Holwell, Hitchin, Hertfordshire
SG5 3RS.
2 (07.02.2012) The price stated to have been paid on 19 January 2012 was £702,000.

That is confirmation that the application to register the new owners was received on 7th February after the deed was executed on 19th January.

There is no indication as to how long it took Land Registry to complete the paperwork received with the application, as that is inconsequential, so you need not be worried by the time taken to deal with your application.

[Lawcruncher]

As Pilman says, the date of the transfer is the date when the beneficial interest was transferred.

[Madmax86]

This is very interesting and I really hope this is true.

It does make sense however I have been advised by my solicitor to wait until the transfer is complete (confirmed by Land Registry) before assigning my share to my wife via a deed of assignment.

On page 1 of the deed of assignment (I have already received the draft), it states the following...

"The Assignor and the Assignee are the joint legal owners and each hold a 50% share in the Property.
The Assignor wishes to assign a portion of their share to the Assignee on the terms of this deed on the
date of this deed."

Now that isn't technically true right? As technically my wife is not yet a joint legal owner?

[SouthernDave]

As Pilman says, the date of the transfer is the date when the beneficial interest was transferred.

So how come you have to wait 2 years from the date of registration to extend a lease, rather than the date of sale?

[Lawcruncher]

So how come you have to wait 2 years from the date of registration to extend a lease, rather than the date of sale?

Because of the "registration gap". You do not have legal (as opposed to equitable) title to land until you are registered. If it were otherwise the system would be undermined as there would be no incentive to register. There are potential problems with certain dealings as to which see this page: https://www.pdt.co.uk/thought-piece/...gistration-gap. The problems could easily be remedied by legislation. Despite the problems, once a transaction is completed, the transferee is for most practical purposes the owner and certainly has a beneficial interest in the property.

[Lawcruncher]

This is very interesting and I really hope this is true.

It does make sense however I have been advised by my solicitor to wait until the transfer is complete (confirmed by Land Registry) before assigning my share to my wife via a deed of assignment.

On page 1 of the deed of assignment (I have already received the draft), it states the following...

"The Assignor and the Assignee are the joint legal owners and each hold a 50% share in the Property.
The Assignor wishes to assign a portion of their share to the Assignee on the terms of this deed on the
date of this deed."

Now that isn't technically true right? As technically my wife is not yet a joint legal owner?

The above does not quite make sense to me.

Was the starting point that you were the sole owner of the property and then transferred it yourself and your wife as tenant's in common in equal shares?

What is the assignment purporting to do?

[royw]

They're probably all 'working' from home.

[pilman]

before assigning my share to my wife via a deed of assignment.

If you mean to transfer part of your 50% to your wife the deed of assignment will be valid as soon as you sign the the deed and have it witnessed.

If you mean to transfer all of the 50% share to your wife then there was no point in transferring the property into two names. You could have just transferred it into your wife's name immediately.

All in all it seems that your solicitor is being overly picky, which is no doubt reflected in a higher than normal bill.

[Madmax86]

The above does not quite make sense to me.

Was the starting point that you were the sole owner of the property and then transferred it yourself and your wife as tenant's in common in equal shares?

What is the assignment purporting to do?

Yes correct.

Once the above is complete, I will assign to my wife 49% of my share so she will own 99% of the beneficial interest.

I have made a few posts on here regarding this matter, in a nutshell...

1. Get my wife added to the mortgage and property title as Tenants in Common
2. Get a Declaration of Trust drawn up giving her 99% ownership.
3. Submit a Form 17 to HMRC within 60 days

[Madmax86]

If you mean to transfer part of your 50% to your wife the deed of assignment will be valid as soon as you sign the the deed and have it witnessed.

If you mean to transfer all of the 50% share to your wife then there was no point in transferring the property into two names. You could have just transferred it into your wife's name immediately.

All in all it seems that your solicitor is being overly picky, which is no doubt reflected in a higher than normal bill.

Yes it is the first one, I intend to transfer part (49% to be exact).

Thanks for confirming, I will raise it with my solicitor. This wouldn't be the first time a solicitor has got things wrong!

[Lawcruncher]

I think you have one unnecessary step in there.

[Madmax86]

I think you have one unnecessary step in there.

Please do elaborate...

[Lawcruncher]

The transfer could have included an assignment of 99% of the beneficial interest.

[Madmax86]

I didn't want to do the transfer on the title level in case I wanted to change it in future.