• Legal ownership: The person(s) named on the title deeds.
• Equitable ownership: The person(s) with a financial interest in the property.

Why does a Deed of Trust matter?

Without a Deed of Trust, the law may assume equal ownership, which can lead to disputes if contributions were unequal or if third parties (e.g. parents) provided financial support.

Key elements of a Deed of Trust

A Deed of Trust typically includes:

• Names of all parties and property details.
• Ownership shares and financial contributions.
• Mortgage responsibilities and cost-sharing.
• Terms for sale or transfer of ownership.

Parental contributions with property

When parents assist with a property purchase, the Deed of Trust can:

• Protect their investment.
• Clarify whether the contribution is a gift or loan.
• Define their interest and treatment upon sale.

Unequal contributions to co-owners of property

If co-owners contribute different amounts, the Deed ensures:

• Accurate reflection of financial input.
• Fair division of proceeds.
• Protection for the larger contributor.

Joint ownership agreements

The Deed can also serve as a joint ownership agreement, outlining:

• Rights and responsibilities of each party.
• Decision-making processes.
• Procedures for changes in ownership.

Property maintenance responsibilities

To avoid confusion and ensure fairness, the Deed of Trust may include provisions for:

• Routine maintenance responsibilities (e.g. cleaning, gardening, minor repairs).
• Sharing costs for major repairs or improvements.
• Decision-making processes for undertaking significant works.
• Handling situations where one party is unable or unwilling to contribute.

This helps preserve the property’s value and prevents disputes over upkeep.

Legal requirements for a valid Deed of Trust

To be valid, a Deed of Trust must:

• Be in writing and signed by all parties.
• Be executed as a deed, with independent witnessing.
• Clearly state ownership terms.
• Comply with trust law and registration rules where applicable.

Dispute resolution over a Deed of Trust

To minimise conflict, a Deed of Trust can include provisions for resolving disagreements. These may involve:

• Mediation between parties.
• Arbitration by an independent third party.
• Clear procedures for handling sale, refinancing, or exit from ownership.

Including dispute resolution terms helps avoid costly litigation and ensures smoother co-ownership.

How Kidd Rapinet can assist with a Deed of Trust

At Kidd Rapinet, our experienced residential conveyancing solicitors offer tailored advice and drafting of Deeds of Trust to suit your specific circumstances. Whether you are buying with a partner, receiving parental support, or contributing unequally, we ensure your interests are protected and clearly documented.

• Detailed consultation: We begin with an in-depth consultation to understand the precise financial contributions, intentions, and future aspirations of all parties involved. This allows us to tailor the Deed of Trust to their unique circumstances.
• Clear definition of beneficial interests: We meticulously draft clauses that explicitly define the beneficial interests, whether as fixed percentages, specific repayment sums, or a formula that adjusts based on ongoing contributions. We consider various scenarios, such as one party buying out the other, or the impact of major improvements.
• Anticipating future events: Our experienced team anticipates potential future scenarios, such as relationship breakdowns, one party wanting to sell, or the need for further capital contributions, and includes clear mechanisms for resolution within the Deed of Trust.
• Protection for third parties: Where a third party has contributed funds (e.g., parents lending a deposit), we draft clauses to protect their interest, ensuring clear terms for repayment and security.
• Minimising Dispute Risk: By ensuring the Deed of Trust is comprehensive, unambiguous, and legally sound, we significantly reduce the likelihood of future disputes and the need for costly litigation.
• Amendment Procedures: We can advise on, and draft, mechanisms for amending the Deed of Trust should circumstances change, ensuring flexibility while maintaining legal certainty.

This article was brought to you by our Residential solicitors.  You can speak to any of our residential lawyers across our other offices in Aylesbury, Canary Wharf, High Wycombe Maidenhead or Slough, using the form provided.

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or them of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

The post What is a Deed of Trust and why does it matter appeared first on Kidd Rapinet.

Congratulations if you are in the position to buy your first home.  It is an exciting time of life, but it is important for any first-time home buyer to find an expert legal team and to have practical support to ensure navigating the property market is enjoyable, rather than complex and stressful.

What is residential conveyancing?

As a first-time buyer, you will probably see the term ‘Residential conveyancing’ in many articles or online searches.  This simply refers to the legal process of transferring property ownership from person to person.   For first-time buyers, this includes:

• Reviewing contracts
• Conducting local authority and environmental searches
• Liaising with mortgage lenders
• Ensuring compliance with legal requirements
• Registering ownership with HM Land Registry

Why first-time buyers need legal conveyancing support

A good conveyancing solicitor will help you firstly by explaining every step of the process in plain language.

We are here to help with the full home-buying process, e.g. property searches, contract terms, liaising with Estate agents, lenders etc but we are also here to help flag any risks and to negotiate terms in your best interests.

Often surveyor’s reports can flag issues that can potentially affect the purchase price.  Perhaps a covenant may be found on a property – we will help you to understand any restrictions and what implication they may have for you.

We help to proactively manage all risks – not just flags from the home-buyers survey.  We ensure all documentation is complete to enable smooth processing of the mortgage application and our due diligence on titles, searches, any special conditions etc are thorough.

 Kidd Rapinet’s tailored services for first-time home buyers

At Kidd Rapinet, we offer dedicated services, tailor made to help first-time buyers feel in control, these include:

• Fixed-fee estimate for conveyancing with no hidden costs

• Regular updates
• Free initial guides and consultations

These services are designed to reduce stress and provide transparency, making the process more accessible for those new to property ownership.

Final thoughts on choosing a conveyancing solicitor

Residential conveyancing is more than just paperwork—it’s a safeguard for first-time buyers stepping into the property market. With the right legal support, buyers can feel confident, informed, and protected throughout the process.

Our goal is to make your first home purchase as smooth and as efficient as possible so you collect your keys and enjoy this exciting new chapter of your life.

This article was brought to you by Kidd Rapinet’s conveyancing solicitors. You can book an appointment with any of the conveyancing lawyers across our offices in Aylesbury, Canary Wharf, Farnham, High Wycombe, Maidenhead or Slough, using the form provided.

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or them of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

The post Buying your first home and need legal support? appeared first on Kidd Rapinet.

The post Joint tenants and tenants in common – know the difference & protect what you own! appeared first on Kidd Rapinet.

This note assumes that you are not asking for the return of the property because your tenants have breached terms of their Tenancy Agreement e.g. not paying rent or being a nuisance. If you seek possession on the basis of breach then a Section 8 Notice must be served. A Section 8 Notice can be served during the term.

The formal notice that must be provided is known as a “Section 21 Notice” (the “Notice”).

There are various questions and actions that a Landlord should consider before they serve a Notice. If they do not do so, it may result in the Notice not being valid!  If a valid Notice is not served and the Landlord needs to go to Court to evict the tenants, then the Court will reject the proceedings and the Landlord will need to start the entire process over again.

So, as a general checklist (and some of the items below are an absolute requirement for service of a valid Notice):

1. You cannot serve a Notice if it is less than 4 months since the tenancy started.
2. The date in the Notice by which possession is required cannot be before the expiry of the tenancy’s term.
3. Is there gas at the property.
4. Have Gas Certificates been served prior to the tenants moving in and annually since?
5. Was a deposit taken. It must be no greater than 5 weeks’ rent?
6. Was the deposit registered within a Tenancy Deposit Scheme within 30 days of receipt?
7. Has the Tenancy Deposit Certificate been served on the tenants within 30 days of receipt of the deposit?
8. Have the tenants been served with the “prescribed information” within 30 days of receipt of the deposit?
9. Have the tenants been served with a copy of the EPC for the property?
10. Have the tenants been served with the Government’s “How to Rent” booklet?
11. Have the tenants been served with the Electrical Installation Certificate?
12. If the property requires a License to Let from the Council, has it been served on the tenants?
13. Have any notices been served on you by any local authority or similar in respect of the condition of the property? You must not serve a Notice in retaliation.
14. Read the Tenancy Agreement to determine how the Notice must be served on the tenants.

This article has been brought to you by Graeme Bellenger, an experienced lawyer from Kidd Rapinet Solicitors in Canary Wharf who specialises in Landlord and Tenant Law and acting for Landlords. You can contact Graeme using the form provided, by email gbellenger@kiddrapinet.co.uk or tel: 0207 925 0303.  You can book an appointment with any of our lawyers across our offices in Aylesbury, Canary Wharf, Farnham, High Wycombe, Maidenhead or Slough, using the form provided.

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or them of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

The post Landlords – Providing notice to your tenants to leave your property appeared first on Kidd Rapinet.

1. Ensure that all your internet access (laptop, i-pad, mobile phone) is protected by security software and keep it updated. Be careful about using free wifi in public places such as cafes or on transport systems, as it is not always secure.
2. Use passwords to protect email and other online accounts, especially on mobile devices which are more easily lost or stolen. Choose passwords that have a “high” security rating (e.g. comprise letters, numbers and symbols), and avoid the same password for multiple accounts. Change your passwords frequently.
3. Resist the temptation to update family and friends on your sale/purchase via social media. Even if you have high security settings, others who see and share your post might not. Information could end up in the hands of fraudsters looking for details of lucrative transactions, including property addresses and completion dates.
4. If you are instructing solicitors, conveyancers and/or estate agents, do your research to ensure they are reputable. Check they are registered with the relevant professional body. Where possible, follow personal recommendation. Be wary of those who operate only online, without proper business premises, and/or offer exceptionally low fees.
5. Avoid communicating sensitive information like bank account details by email, as it could be intercepted by hackers. Do so in person, by secure letter, or by telephone if you know the person you are talking to. If someone you do not recognise calls to discuss the transaction, tell them you will call back, then check if they are genuine (e.g. by phoning the organisation they claim to be from).
6. Learn how to recognise fraudulent emails:
   a. A business email address usually incorporates the business name. Be suspicious of emails from free email account providers like hotmail, gmail, yahoo.
   b. Be wary of emails that urge you to take immediate action and warn of negative consequences if you do not, such as the sale falling through.
   c. Be wary of emails that ask you to do something like click on a link or enter information, as doing this may enable the fraudster to access your email account.
   d. Look out for poor spelling and grammar which may indicate a fraudulent email.
7. Beware of instructions you receive to change bank account or payment details. In one case, fraudsters posing as solicitors acting in a transaction stole funds by claiming that their main bank account was being audited, and completion monies should be sent to a new account.
8. If you become suspicious that you may be the target of cyber criminals, alert those acting for you in the transaction and on the other side. If there is no innocent explanation for the suspicious behaviour, contact the police.

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or they of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

The post Residential Property Transactions: Avoid becoming a victim of Cyber Crime appeared first on Kidd Rapinet.

So if I buy freehold, I can do what I like with the property and the land it’s on?
Broadly speaking, yes. Subject to planning laws, restrictions if it’s a listed building, and consent from the lender if it’s subject to a mortgage, you can make alterations e.g. put in a new kitchen or bathroom or convert the garage into a gym. The downside is that you are solely responsible for maintenance and repairs to the whole property. If roof tiles blow off in a storm, or minor subsidence causes cracks to the walls, you have to sort it out yourself.

And if I buy leasehold?
You have less freedom to alter the property and usually need the freeholder’s consent. Certain things may be prohibited, like knocking down internal walls. If you intend to refurbish, check if the freeholder will grant permission. You also have a positive obligation to maintain the property’s interior e.g. by redecorating every 5 years. With a freehold property, it is up to you if and when you redecorate. On the plus side, the freeholder is responsible for the building’s structure and communal areas, so you don’t have to carry out repairs to them, though you have to contribute to the cost.

I have to pay for the upkeep of a property I don’t even own outright?
Yes, there are charges payable by a leaseholder: ground rent as technically you rent the property (it may be a nominal sum, say £10 per year), service charges for day to day maintenance (e.g. cleaning of communal areas, gardening), and major works charges for large scale maintenance (e.g. redecorating the outside of the building). Before you buy, ask to look at the management accounts and check you can afford these charges.

So is it OK to buy leasehold, or should I hold out for a freehold property?
Leasehold is the norm if you’re buying a flat. Check the remaining term of the lease: as it gets shorter, the property’s value falls and it can be hard to sell on. Mortgage companies are also reluctant to lend funds for a property with a short lease. You may be entitled to extend the lease, and there will be a charge for doing so. Make sure you can afford it.

Also check who owns the freehold: a private landlord or a group of leaseholders who have bought the freehold and manage the property. If the latter, you can buy a share of the freehold, giving you a say in how it is run. If the leaseholders in your block have not yet bought it and you want to, there are rules entitling a group of you to do so in certain circumstances, so take legal advice.

If you’re buying a house, freehold is the norm. Be careful though, as property developers now sell leasehold houses as a way of making more money. Ground rent starts off at a modest rate, then increases significantly. You have the right to buy the freehold for a sum which is reasonable at the outset, but increases disproportionately. Buyers have ended up unable to pay ground rent or buy the freehold. If you want to buy a house that’s advertised as leasehold, ask lots of questions and take legal advice before committing to the purchase.

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or they of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

The post Freehold or Leasehold – Understanding the differences and what to look out for appeared first on Kidd Rapinet.

This position has changed in recent years and we now see leases containing clauses that result in rent escalation at certain intervals or increases in accordance with a particular formula and index linked to the Retail Performance Indicator (RPI).

Some leases may even stipulate a doubling of ground rent every 10 years. These types of rent-escalation provisions are usually found in leases for new-build properties and can result in leaseholders being locked into paying onerous and – at times – crippling sums of money on ground rent amounting to far more than a mere peppercorn!

There are various adverse consequences of stark increases in ground rents and having ground rents at high levels. Some leaseholders may find that their properties are rendered unsaleable as many lenders refuse to grant mortgages where there are unreasonable ground rent provisions within a lease.

What you can do

Until the government has finalised its proposals for reform in this area – bearing in mind that reforms may not be retrospective – if you have a doubling ground rent clause in your lease you could appeal to the good nature of the freeholder/developer and ask for the clause to be removed or varied by deed. A clause that stipulates that ground rent should rise against RPI is much more favourable than a doubling clause.

Prevention is better than the cure

As the age-old saying goes: prevention is indeed better than the cure. If you are buying a leasehold property, your solicitor has a duty to advise you on the terms contained within the lease and their effect. If your solicitor also acts for your lender, they must also report to the lender on whether any increases in ground rent may materially affect the value of the property.

When we are instructed on a purchase at Kidd Rapinet, we carry out a robust and thorough analysis of the terms contained within a prospective buyer’s lease and provide a written report containing a clear breakdown of what it all means for the buyer. As a result, our prospective purchasers are fully advised on what they are entering into and aware of the implications of any onerous obligations. They are equipped with all the information to make an informed choice on whether to proceed with the purchase or not.

Disclaimer: While we do all that is possible in terms of ensuring its accuracy, this blog contains general information only. Nothing in these pages constitutes legal advice. You need to consult a suitably qualified lawyer from the firm on any specific legal problem or matter.

For more information about the services Kidd Rapinet provides, click here to find your closest office location.

The post What is ground rent appeared first on Kidd Rapinet.

The UK government has recognised the problems surrounding the property crisis in the UK and the lack of affordable housing limiting the younger generation from taking their first steps onto the property ladder.

With this in mind, the government has introduced a number of incentives to stimulate the market and give a helping hand to first time home buyers.

Help to Buy scheme

An equity loan scheme is available for first time buyers and existing homeowners who want to purchase a ‘new build’ home. The only restriction is that the property must not be priced at more than £600,000.

Under this scheme, a buyer can borrow 20% of the purchase price interest-free for the first five years, as long as a deposit of 5% is present/available. If the buyer lives in London, then up to 40% of the purchase price can be borrowed. This scheme is set to run until 2021.

The government also offers a Help to Buy ISA. This operates as a bonus when the homeowner saves £200 a month, on which the government tops it up by £50 a month. The government will grant the potential buyer a maximum of £3,000 in order to boost ISA savings from £12,000 to an overall of £15,000.

Shared Ownership

From April 2016, anyone who has a household income of less than £80,000 outside of London or £90,000 inside London can buy a home through Shared Ownership.

This scheme enables a buyer to purchase a proportion of the property from a landlord, usually the council or a housing association. A mortgage may be required to pay for a share of property being purchased. This can be anywhere between a 25% and 75% of the property’s title value. A reduced amount in rent will then be paid on the share of the property that is not owned.

A larger proportion of the property can be purchased at a later date, up to 100% of the value of the property.

Right to Buy/Right to Acquire

This scheme is for tenants in England, Wales and Northern Island who are currently renting their property from their local council or housing association and enables the property they reside in to be bought at a discounted value. The size of the discount will vary depending on the property location and type.

To qualify for Right to Buy, the tenant must have resided in either a council home or association-owned property for at least three years. Restrictions apply accordingly.

Supply and Demand

The UK government has recognised the need for a greater supply in the housing market for first time buyers. While the methods above create incentives for first time buyers there are still many obstacles. The main one being the lack of available housing stock in the UK and further stimulation is required to enable the above schemes to become fully effective.

Disclaimer: Different schemes may apply in England, Scotland, Wales and Northern Island and local home-buyer schemes should be researched accordingly.

For more information about the services Kidd Rapinet provides, click here to find your closest office location.

The post How can I buy my first home appeared first on Kidd Rapinet.

Two cases decided by the Court of Appeal in May 2018 illustrate what happens when a conveyancing fraud goes undetected.  In each case, the purchaser ended up not owning the property they thought they had bought, and they were unable to recover the purchase monies from the fraudulent seller.  The court considered the potential liability of others involved in the transaction, including solicitors, and whether the purchaser could seek redress from them.

P & P Property Ltd v Owen White & Catlin LLP concerned the sale of a property at 52 Brackenbury Road, London W6, owned by a Mr Harper.  A person claiming to be Mr Harper instructed Owen White & Catlin solicitors to act for him in selling 52 Brackenbury Road.  It was to be a quick sale to a cash buyer.  Winkworth estate agents found a buyer, P & P Property Ltd, who paid £2.3 million for the property.  After completion, when they tried to register their title, it was discovered that the “seller” was not the true Mr Harper, did not own the property and had no right to sell it.

Mishcon de Reya and Mary Monson Solicitors Ltd v The Law Society (Intervener) concerned the purchase of a property known as 8 Old Manor Yard, London SW5, owned by a Mr Haeems.  Douglas & Gordon marketed it for sale, saying the owner was going through a divorce and needed an urgent sale within three days.  A property company, Dreamvar (UK) Ltd, viewed Old Manor, made an offer of £1.1 million that was accepted and instructed Mishcon de Reya to act for them in the purchase.  Mary Monson Solicitors acted for the seller, a person claiming to be Mr Haeems.  Completion took place in less than three weeks but when Dreamvar tried to register their title, the Land Registry rejected their application.  It was discovered that the “seller” was not the real Mr Haeems and, as in the case of P & P Property Ltd, did not own the property or have the right to sell it.

In both cases, the Court of Appeal found fault with the solicitors acting for the “seller”, for not having carried out proper checks on their identity and on ownership of the property.  They had missed warning signs such as the “seller” using more than one correspondence address; operating from abroad; providing as proof of residence only one instead of two utility bills; providing as proof of residence copy bank statements that were incomplete; and signing documents with different signatures. In the second case, the Court of Appeal also found fault with the solicitors acting for the buyer: in paying the purchase monies to the seller’s solicitors, they had failed properly to protect the buyer against risk of fraud.

The Court of Appeal’s ruling is potentially good news for buyers who are the victim of a fraudulent property transaction, and end up not owning the property they thought they had bought.  In certain circumstances, if they are unable to recover the purchase monies from the fraudster, they may be able to claim financial redress from the seller’s solicitors and/or their own solicitors.

This is a wake up call to solicitors, who are already required to make certain ID checks when taking on new clients, to guard against money laundering and financing terrorism.  If you are buying or selling a property, you can expect your solicitor to carry our rigorous checks on your identity, your address and (if selling) your ownership of and entitlement to sell the property concerned.  It may feel as if you are being treated as “guilty until proven innocent”.  Unfortunately, with there being a real risk of conveyancing fraud, this is the approach solicitors need to take.

There is another angle to consider, namely how can you prevent fraudsters assuming your identity and purporting to sell your property in a fraudulent transaction?  HM Land Registry now runs a free property monitoring service for properties situated in England or Wales and registered with HM Land Registry (these days almost all properties are registered).  You can find full details at https://propertyalert.landregistry.gov.uk.

In summary, you can create a Property Alert account with the Land Registry, and list up to ten properties you would like to monitor.  When the Land Registry receives requests for searches or applications against a property you are monitoring, it will send you an email alert.  If you think the activity seems suspicious, you should follow instructions in the email alert to notify others.

You do not have to own a property to set up an alert against it.  You could, for example, set up alerts for properties owned by family members such as elderly parents, or by close friends.  As well as safeguarding you and your family/friends, setting up a Property Alert account could also help protect an innocent buyer.  It is certainly a step worth taking.

The post Avoiding Property Fraud appeared first on Kidd Rapinet.

When a solicitor or conveyancer is instructed to act on a client’s behalf in relation to a sale of property there are certain duties and obligations that they are required to fulfill. One key duty is to ensure that the seller’s mortgage is discharged upon completion of the sale. This obligation is crystallised in the form of a solicitor making a binding promise to redeem or obtain discharges for each of the seller’s identified mortgages, charges or other financial incumbrances so far as they relate to the property being sold.  The discharge is to be obtained from the lender and forwarded to the buyer’s solicitor as soon as it is received from the lender. This discharge is usually contained in Form DS1 – Cancellation of entries relating to a registered charge.

What should the seller’s solicitor do?

The simple answer is that a solicitor acting for a seller should be SMART when entering into an obligation to discharge by ensuring that the undertaking is Specific, Measurable, Agreed, Realistic and Timed. It is important that – prior to giving the undertaking – the seller’s solicitor is certain that they can comply with its obligations. A solicitor who gives an undertaking will be held responsible for the consequences of any breach. Therefore, any solicitor undertaking to discharge a seller’s mortgage upon completion must be certain that they will (1) actually be able to obtain the discharge from the lender; and (2) fulfill an undertaking within a reasonable time.

 What are the potential problems?

There are occasions where it may be particularly difficult for the seller’s solicitor to obtain discharge within a reasonable time.

Our property team recently acted for a buyer in the leasehold purchase of a new build property in London. The seller’s solicitor had provided an undertaking to discharge the seller’s three mortgages – one being with a bank and the other two mortgages were in relation to Help to Buy schemes.  The discharge for the first mortgage was received without issue. However, the other two charges were being administered by third-party agents and not the lender, therefore it took substantially longer. The seller’s solicitor had to liaise with various agents and third parties before actually discovering which one was responsible for providing the discharge.

Our proactive and diligent property team reached out to the agent to convey the need to expedite the discharge process. The DS1 form was eventually received some months after completion. The late receipt meant that, when the buyer’s mortgage was registered, the lender did not have the first charge over the property as the seller’s charges still existed. This scenario could have been avoided if the seller’s solicitor had made contact with the agent from the outset and prior to entering into the undertaking, to have written confirmation of the exact procedure and requirements for obtaining the DS1 from the relevant party.

 Disclaimer: While we do all that is possible in terms of ensuring its accuracy, this blog contains general information only. Nothing in these pages constitutes legal advice. You need to consult a suitably qualified lawyer from the firm on any specific legal problem or matter.

For more information about the services Kidd Rapinet provides, click here to find your closest office location.

The post What is an obligation to discharge? appeared first on Kidd Rapinet.