Updating incorrect TR1 - which form to HMLR?

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    Updating incorrect TR1 - which form to HMLR?

    Dear professionals,

    I am having a mix up with forms at present. Not surprising as I am not experienced.

    If a TR1 was lodged with HMLR incorrectly (mentioning the wrong ownership split in box 11) can this simply be superceeded by personally and directly sending a new form RX1 to HMLR? Or an updated TR1?

    I understand that a spearate trust deed would superceed the incorrect TR1 but I want to makes sure it is clear at every angle.

    Much thanks

    #2
    A. The Transfer deed (TR1) deals with legal ownership.
    B. Panel 11 of it flags-up only whether a form A Restriction is to be entered.
    C. Never rely on panel 11 if there are split beneficial interests; always use a formal Trust Deed.
    D. No, a completed/registered TR1 cannot be undone/amended.
    E. BUT, yes, the 'split' details can be changed (by both/all parties acting together, not unilaterally). A Trust Deed is then essential.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Clear response. Thanks.

      Clarifying: a Form A restriction has been entered in our case as box 11 of the TR1 did state the split, but by us both raising a formal trust deed now we can basically ignore the original TR1 error and move on.

      We'll get this done professionally and keep a copy, witnessed, each. Nothing more will need to be sent to HMLR?

      Essentially on the right track?

      Grats

      Comment


        #4
        Originally posted by mandarin View Post
        Clarifying: a Form A restriction has been entered in our case as box 11 of the TR1 did state the split, but by us both raising a formal trust deed now we can basically ignore the original TR1 error and move on.

        We'll get this done professionally and keep a copy, witnessed, each. Nothing more will need to be sent to HMLR?

        Essentially on the right track?
        Yes, generally, depending on what entries already appear. Send me a Private Message if you need assistance.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Hi there,

          Jeffrey said that a registered TR1 cannot be amended so what do you do if your signature has been used without your consent?
          My co-freeholder's solicitors used my signature from a previous TR1 I signed months before and used it on a second one with a different buyer.

          Thank you

          Comment


            #6
            Alas Jeffrey, regrettably is no longer an habitue of this forum. What loss have you suffered? If none where's the pecuniary damages?

            Comment


              #7
              Thank you for getting back to me.

              No pecuniary damages, no loss but why has my signature need to be witnessed by a solicitor when signing the TR1 if afterwards the document can be altered without informing me?


              Sorry, maybe I’m on the wrong thread

              Comment

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