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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I've just tried to remortgage my property with Natwest, the

Customer Question

I've just tried to remortgage my property with Natwest, the company acting on their behalf, Enact, informed me that there is a restriction on the property in favour of the freeholders Redrow. However the matter is more complicated as the freehold has now passed over to a company called Bradpass Limited and i've been informed that i'll have to get another solicitor to change the restriction to reflect the change it at my own expense.
This makes no financial sense now as the whole point of remortgaging was to save a few £s per week but the charge i've been quoted is too high. I've asked if i can provide the RX1 form myself but i've been told i can't, it must go via a solicitor
Firstly, is this true - can i not do it myself. Secondly - is this even something i should be trying to get sorted? Should the original freeholders not be the ones who should sort this themselves? afterall they're the ones who put the restriction on in the first place..
Submitted: 1 year ago.
Category: UK Law
Expert:  Stuart J replied 1 year ago.

Good afternoon. Thank you for the question. It is my pleasure to assist you with this today.

Can we have the exact wording of the restriction please?

Who told you that it had to be removed by a solicitor?

Any other information would also be really useful please.

Thank you

Customer: replied 1 year ago.
hi - i was told by the solicitor of the previous freeholders (Redrow) - here's what they said to Enact (the company working on behalf of Natwest)I confirm that my Client Company are no longer the freeholder to the above property. You will note that Bradpass Limited are the freeholder. We are therefore not able to provide you with the appropriate Certificate of Compliance.We confirm that are agreeable to provide you with a signed RX4 in order for the restriction to be removed. However, we will require an undertaking from you on letter headed paper that you will undertake to register a form RX1 against the title to 8 Morning Star Road quoting the new freeholders title number when you simultaneously register the form RX4 with the Land Registry. In addition, you will need to contract the freeholder in order to obtain the necessary consent in accordance with the restriction.would it not be the case that the original freeholder should be responsible for getting it changed to the new freeholder anyway?
Expert:  Stuart J replied 1 year ago.

Thank you.

You haven’t actually given me the wording of the restriction, just the wording of the letter from Redrow solicitor. I will therefore try to answer you without knowing what the wording is.

There is absolutely no reason why you cannot submit the form RX4 yourself to remove the restriction which it seems that Redrow will readily agree to. There is currently no fee for submitting the RX4.

However what has happened is that the benefit of the restriction has been passed from Redrow to Bradpass. Bradpass will want another restriction in the same form entering against the property which is why there needs to be an undertaking to register form RX1.

I’m afraid that Redrow will not accept your undertaking, they will only accept an undertaking from a solicitor. The reason is that as solicitors undertaking is enforceable by the Solicitors Regulation Authority and solicitors will simply not breach an undertaking whereas, if you were doing it, you may fail to register the new restriction RX1 and then they would have to chase you and ultimately take you to court. So, the effect is that whilst you would be able to submit the RX4 yourself they will not let you have the form unless they have an undertaking and the undertaking would have to come from a solicitor.

However, I agree with you that this should not be something that you have to deal with. There is absolutely no reason whatsoever why they cannot submit the RX4 and RX 1 to the land registry. They are being lazy.

Ultimately, if they wont deal with this, you can’t beat them with a stick and the only remedy if they will not do it, is to take them to court and that is going to be risky expensive and extremely time-consuming.

I have a suggestion for you and that is to tell them that you are happy to complete the form RX1 and you will send it to them for them to then submit the RX1 and RX4 to the land registry. There is absolutely no reason at all why you should not do that.

However, all your solicitor needs to do is to provide the undertaking and submit the RX1 one form which is going to be the quickest and easiest way of doing with this, with no arguments. It’s unlikely to cost more than 50 quid extra the most.

Does that answer the question? Can I answer any specific points arising from this?

Please do not forget to rate my answer service positively so that I get credit for my time here today. The thread does not close even though you may get the impression it does. It stays open even after rating and you are free to ask for clarification of any points arising.

Expert:  Stuart J replied 1 year ago.

Hello again. Can I assist you any further with this? Would a telephone call help? I will submit a Premium Service proposal for you.

Please do not forget to rate my answer service positively so that I get credit from my time today. You will get the impression the thread closes but it does not, it does remain open if you want to follow any points. Thank you. Kind regards