Freehold Transfer Decision: First-tier Tribunal Approves TR1 Form
📌 In brief
The First-tier Tribunal approved the form of the TR1 for the freehold transfer of a property in London. This means the process for transferring the freehold ownership can now proceed according to the approved form.
⚖️ Legal holding
The tribunal is required to approve the form of the TR1 for the freehold transfer of the property.
📖 Technical summary
The tribunal approved the form of the TR1 for the freehold transfer of the property.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) approved the form of the TR1 for the freehold transfer of a property located at 5 Boulcott Street, London E1 0HR. The decision was based on the terms specified in the draft TR1 and the premium payable for the transfer.
📚 Full judgment Official document
OUTCOME: Allowed
© CROWN COPYRIGHT
FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference Claim No : LON/00/OCE/2023/0016 H00EC621 Property : 5 [ADDRESS] [POSTCODE] Applicant/ Claimant : [redacted] (Company Registration Number 12708791) Representative : [NAME] Respondent/ Defendant : [redacted] : N/A Type of [NAME] : Section 25 of the Leasehold Reform, Housing and Urban Development Act 1993 Tribunal members : Judge Tagliavini Mr Kevin Ridgeway FRICS Date of determination and venue : 10 May 2023 at 10 [ADDRESS] [POSTCODE] Date of decision : 10 May 2023
DECISION
Summary of the tribunal’s decision (1) The tribunal approves the draft/form of the TR1 provided by the applicant/claimant to the tribunal for the freehold transfer of the property known as 5 [ADDRESS] [POSTCODE] (‘the Property’). Background
2 1. By an Order pf District Judge Bell sitting at the County Court at Clerkenwell & Shoreditch dated 26 October, the [NAME] made by the applicant/claimant to purchase the freehold of the Property, was transferred to the First-tier Tribunal (Property Chamber) with the direction:
‘The proceedings shall be transferred to the First Tier Tribunal (Property Chamber) for the purposes of determining the form of the freehold conveyancer from the Defendant to the Claimant.’
2. All other matters were decided by the county court, including the premium payable for the transfer of the freehold as the sum(s) specified on the Notice of Intent, thereby providing consideration for the freehold transfer of £105,000. Therefore, the tribunal was required only to consider the terms of the transfer specified in the draft TR1.
3. Having considered the draft TR1 provided by the applicant/claimant and the other documents and orders included in the county court file, the tribunal determines the terms as set out in the draft TR1 Are appropriate and the freehold transfer of the Property should be carried out in that form.
Name: Judge Tagliavini Date: 10 May 2023
Appendix: Valuation setting out the tribunal’s calculations
Rights of appeal
By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have. If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written [NAME] for permission must be made to the First-tier Tribunal at the regional office which has been dealing with the case. The [NAME] for permission to appeal must arrive at the regional office within 28 days after the tribunal sends written reasons for the decision to the [NAME]. If the [NAME] is not made within the 28 day time limit, such [NAME] must include a request for an extension of time and the reason for not complying with the 28 day time limit; the tribunal will then look at such
3 reason(s) and decide whether to allow the [NAME] for permission to appeal to proceed, despite not being within the time limit. The [NAME] for permission to appeal must identify the decision of the tribunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal and state the result the party [NAME] the [NAME] is seeking. If the tribunal refuses to grant permission to appeal, a further [NAME] for permission may be made to the Upper Tribunal (Lands Chamber).
4 CASE REFERENCE LON/00AC/OLR/2014/0106
First-tier Tribunal Property Chamber (Residential Property)
Valuation under Schedule 6 of the Leasehold Reform Housing and Urban Development Act 1993
Premium payable for the freehold interest in [Property]
Valuation date: [Date]
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Freehold Transfer Premium at £94,310
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Lease Premium Under Leasehold Reform Act
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Fire Safety Survey Dispensation
- First-tier Tribunal (Property Chamber) Tenant Found in Breach of Multiple Lease Covenants
- First-tier Tribunal (Property Chamber) Tribunal Halts Market Rent Determination Until Valid Notice Confirmed
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Urgent Electrical Repairs
- First-tier Tribunal (Property Chamber) Landlord Granted Dispensation for Boiler Installation Without Full Consulta…
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Urgent Property Repairs
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Urgent Compressor Replacements
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tribunal was only required to consider the terms of the transfer specified in the draft TR1.
- The county court had already decided all other matters, including the premium for the freehold transfer.
- The premium payable for the freehold transfer was set at £105,000, as specified on the Notice of Intent.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It approved the form of the TR1 for the freehold transfer of a property.
Who was involved?
The claimant and the respondent were involved, with the claimant seeking to purchase the freehold of the property.
How did the court decide, and why?
The court decided to approve the form of the TR1 because it was appropriate and met the requirements of the Leasehold Reform, Housing and Urban Development Act 1993.
Which laws or rules were applied?
The Leasehold Reform, Housing and Urban Development Act 1993 was applied.
What was the argument that mattered most?
The argument that mattered most was that the form of the TR1 was appropriate and met the legal requirements.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation can proceed with their freehold transfer if the form of the TR1 is appropriate and meets the legal requirements.
What evidence or documents mattered?
The draft TR1 and the premium payable for the transfer were important documents.
Can a decision like this be appealed?
Yes, a decision like this can be appealed to the Upper Tribunal (Lands Chamber) within 28 days.
Is it worth getting a solicitor for a case like this?
It is always recommended to seek advice from a qualified solicitor for cases involving freehold transfers.
