can a restrictive entry be placed with Land Registry in regards to RTM ?

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    can a restrictive entry be placed with Land Registry in regards to RTM ?

    RTM in place,can I the freeholder put a restriction in at land registry to stop them selling without the RTM asking my permission (1 months notice,in accordance with the RTM lesislation)
    Does anybody know what form I need if it can be done?

    Also the leases state:
    Not to assign the premises until the proposed assignee shall have entered into a direct covenant with the lessor to observe and perform the obligations on the part of the lessee contained in this schedule in particular this clause.
    I know what form I need to fill out at land registry for this its a form m!they are sending me the forms to complete.would this be all that is needed or would it be advisable to do the above question also?

    #2
    Originally posted by hollyhead View Post
    RTM in place,can I the freeholder put a restriction in at land registry to stop them selling without the RTM asking my permission (1 months notice,in accordance with the RTM lesislation)
    Does anybody know what form I need if it can be done?

    Also the leases state:
    Not to assign the premises until the proposed assignee shall have entered into a direct covenant with the lessor to observe and perform the obligations on the part of the lessee contained in this schedule in particular this clause.
    I know what form I need to fill out at land registry for this its a form m!they are sending me the forms to complete.would this be all that is needed or would it be advisable to do the above question also?
    Only with the express consent of the parties to each lease can you enter a restriction on title.

    Your question is however wrong. On the basis of the post consent is not required. The lessee is simply required to ensure that the new lessee enters into a direct covenant with "the lessor" as to the obligation in the clause and schedule referred to. Unless that touches on matters that you are responsible for, then under RTM, the term"lessor" means the RTM.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

    Comment


      #3
      Thank you but this is where it becomes interesting:
      I have been advised it is the freeholder and not the RTM that have the authority to enter into/sign covenants with assignees. This is because the RTM is a creature of statute and its functions are limited to only those matters contained in the commonhold and leasehold reform act 2002. Theese functions do not extend to rights that run with the land (also known as 'rights in rem') or matters pertaining to privity of estate(between the freeholder and the tenant).
      Comments very welcome!
      Also the RTM legislation states that the landlord has to be given 1 months notice on approvals and selling,are you saying that unless the leases state approval must be sought,this does not count?
      I read it as all landlords must be given 1 months notice (even if the lease does not state this!) Am I wrong?

      Comment


        #4
        Originally posted by hollyhead View Post
        Thank you but this is where it becomes interesting:
        I have been advised it is the freeholder and not the RTM that have the authority to enter into/sign covenants with assignees. This is because the RTM is a creature of statute and its functions are limited to only those matters contained in the commonhold and leasehold reform act 2002. Theese functions do not extend to rights that run with the land (also known as 'rights in rem') or matters pertaining to privity of estate(between the freeholder and the tenant).
        Comments very welcome!
        Also the RTM legislation states that the landlord has to be given 1 months notice on approvals and selling,are you saying that unless the leases state approval must be sought,this does not count?
        I read it as all landlords must be given 1 months notice (even if the lease does not state this!) Am I wrong?
        Well that's right; so that's why it depends in the wording of the clause and schedule. If the function of the covenant refers solely to the function taken under statute by the RTM, then the deed, in any case, would read Hollyhead and A N Other, but the RTM are those that enforce it ( except in the case of forfeiture as a remedy or if it also relates to payment of rent). I am sorry but I was approaching from the practical point of view* rather than what is actually written on paper in a deed.

        *(In the same way as you read the lease, and see "lessor" you have to read that as RTM ( save for exceptions such as forfeiture))

        Consent is not required, as in the absence of another clause elsewhere in the lease, it is simply a requirement not to assign until a deed is in place.

        Notification under RTM is an entirely separate matter.
        Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

        Comment


          #5
          ok thank you ,thats very helpful.
          I must remember to think of them seprately!:~)
          what happens if the rtm do not give me notice,and a flat is sold with arrears of previous years service charges and ground rent owed to me? apart from not complying with the legislation what happens about the money thats owed? Do I hold the rtm reponsible and sue the RTM for damages? I think a situation is comming up and i want to fully understand what might happen!

          Comment


            #6
            Originally posted by hollyhead View Post
            what happens if the rtm do not give me notice,
            and a flat is sold with arrears of previous years service charges and ground rent
            owed to me? sue the RTM for damages?
            The solicitors acting for the buyer will ask the RTM company if the service
            charge payments and ground rent is up to date. It is up to the RTM to answer
            these questions. If service charge and ground rent is not fully paid up, then
            the buyer ( solcitors ) will ask and ensure these are paid up before exchange
            of contracts, and usualy transfer proceeds from the sale to the buyer, the amount
            in arreas, otherwise the buyer is not going to buy if there are debts on the
            property.

            Thats what usualy happens - approximately, so if it's done properly, the
            service charge and ground rent is brought up to date.

            Our in house managing company ( Limited company ) own the freehold,
            and a licence to assign the current lease to a buyer has to be signed by
            the freeholder.
            Your situation may be different, as there is a managing company of sorts,
            the RTm, and you the freeholder.

            But as above, solicitors "should" ensure service charge and ground rent is
            up to date before sale goes through.

            R.a.M.
            Last edited by ram; 29-06-2011, 00:28 AM. Reason: page set to be read at 800x600 resolution, as this site don't know this resolution exists ( silly people ! )

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