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Issue with dissolved company / Land Registry....

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Chris Pattinson

New Member
A friend of mine is having some issues with a property, and is on the verge of paying a large sum of money to instruct solicitors, but I’m not sure if that is actually necessary. I was wondering if you could offer any advice?

In a nutshell, the situation is…

My friend (Bev) owned a property, I'll refer to as The Flat. She then started a Lettings Business with a partner and transferred ownership of The Flat in to the company name, in exchange for a registered charge on the property in Bev's name. Bev’s role in the company was a silent partner, it was the other director that managed the day to day running of the business.

The company was subsequently dissolved due to the other company director not filing returns, etc. At the time the company was dissolved, it had assets (including The Flat),and these assets passed to the Crown as bona vacantia.

The Crown's Treasury Solicitor disclaimed their interest in The Flat on 12th January 2018.

My question is, how does Bev now go about getting the property transferred back in to her name? The Crown no longer have an interest, the Company has no interest as it no longer exists, so Bev is the only remaining party with a beneficial interest.

Is it a case of making application to the Land Registry to have the record amended?

Any advice or information on this would be greatly appreciated!


Thank you!
 
L

lookinginvest

Member
I am certainly no legal expert but when the company was dissolved why was an application not made to take back the flat? As the asset was originally transferred to the Crown I assume that the relevant authorities need to authorise the transfer back to your friends name?
 
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Chris Pattinson

New Member
Hi,

Thanks for your response.

There has been a lot of delays with this as the other director kept assuring Bev that she would ‘sort it out’.

Do you know who the relevant authorities would be? The Crown? I’ve spoken to Land Registry and they’ve said they cannot help.

Thanks again.
 
D

diyhelp

Active Member
One question springs to mind - if the Crown took control of the dissolved company and it's assets, they must have had control of the flat even for a short time. If they have now given up their interest they would have had to transfer it somewhere else - where? Surely there must be a trail at the land registry?
 
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Chris Pattinson

New Member
Hi,

The Crown didn’t take control of the company. The company was struck off by Companies House. As it had assets when it was struck off, those assets automatically pass to the Crown. However, if the Crown sees there is no beneficial interest in the asset (property in negative equity, or very little equity, etc) then it can disclaim its interest in the asset.

On Land Registry the ownership has not changed, the property is still in the name of the dissolved company, with my friends registered charge also in place.

Any help would be great!
 
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nmb

Well-Known Member
Could the directors of the company - even though it has been dissolved - not sign over the property or at least instruct the land registry? There must be some way to sort this issue out?
 
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FWL

Active Member
Is there any update with this issue? I think it is one which might be a lot more common than many of us think.
 
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