Moving Home

If you are buying, selling or transferring the ownership of a property on Heathfield estate, please get in touch with us so we can help you with all the documents and information you’ll need.

Background to House Sales

Why do HRA need to be informed that I am selling my house?
With a few exceptions all the properties on the Heathfield estate have a restrictive covenant on them. Essentially, what this means is that as a condition of purchase buyers had to become a member of HRA in accordance with the covenants. The buyer then became a shareholder in HRA. This continues upon each subsequent sale or transfer of the house.

The covenant is between HRA and the buyer. The buyer must enter into an obligation to pay a proper share of the costs and expenses incurred by HRA in providing and performing the various maintenance and services required for the upkeep of the estate (known as HRA fees).

What about new houses built since then?
This provision also applies to all new houses built on the estate (and any future house building), even though they were never initially transferred from Blue Boar Development.

What do I need to do if I want to sell my house?
Quite simply, if you are selling your house all you will need to do initially is notify HRA as soon as possible. HRA will then write to you and provide you with information relevant to the restrictive covenant process. You can then provide this information to your solicitor.

I have now found a buyer; what should I do?
If you have not already done so you should inform your solicitor/conveyancer of HRA’s requirements as detailed in the information we have supplied. Your solicitor should contact HRA and request a management pack and associated legal documents. There is a fee payable by the seller to HRA for providing this information. (This is normal for all management companies.)

What about the HRA service charge fees I pay
Shareholders should also be aware that they will need to repay any outstanding HRA fees before the sale is completed. HRA will provide a current statement of fees to your solicitor.

What happens when we complete the sale?
On completion, your solicitor will send you a Stock Transfer Form, which you will need to sign and return. A stock transfer form (also known as form J30) is the standard document required for the transfer of your HRA share. It contains details of both the seller and buyer of the share and the type and number of shares.

You will also need to return your Share Certificate to the solicitor. If you have lost or mislaid this you will need to notify your solicitor. They should get you to sign an indemnity form in respect of the loss.

What happens if I want to transfer ownership of my house?
There will be occasions when you want to transfer ownership of your house to another person without it being sold, that is, a ‘change of ownership’. Circumstances when this could arise could include divorce, change of name (marriage etc.), death of a shareholder.

What do I need to do?
If a house is transferred into another’s name (but not sold), you will need to notify HRA as soon as possible as it will be necessary for the Deed and Share Certificate to be transferred by HRA to the new owner. A form of evidence of the right to have the property transferred will be required. This will normally be the TR1 or a document confirming the agreement. This can even be the Financial Order approved by the Court on the divorce. Once this is produced HRA will issue a new share certificate and Deed of Covenant to the new shareholder.

Will I need to use a solicitor for this process?
If the ownership relates to a joint owner this is a relatively simple process but you may still wish to use a solicitor to handle the transfer. After notifying Land Registry and HRA the other joint owner becomes the sole owner.

What happens if a sole owner dies?
When a sole owner dies, it become more complicated, so this is usually undertaken by a probate solicitor. HRA will still need to be informed so that we can provide the Deed and Share Certificate to the new owner.

What about if a couple with joint ownership separate?
Where a couple separate HRA will need to be notified that this has occurred. This is necessary as HRA will need to obtain a ‘Deed of Release’ releasing the person from their responsibilities to the Association and also to transfer the share from joint names to the sole name. This is a fairly easy process.

What do I need to do if I intend to rent my house out to tenants?
If you intend to let your house to tenants you will need to provide HRA with your address in order that we have a point of contact where we can send your annual statement of fees and other HRA information. The name and address are required for the register of shareholders in accordance with the Companies Act 2006.

I intend buying a house on Heathfields – what should I do?
If you intend buying a house on Heathfields you will need to be aware of the restrictive covenants and the requirement to pay of HRA annual fees. Sometimes the estate agent will make you aware of this, but certainly your solicitor will identify these in the searches they conduct and notify you of these conditions.

On completion you will need to sign the Deed of Covenant (supplied by your solicitor) which will be sent to HRA for counter signature. HRA will then issue you with a Share Certificate and the completed Deed of Covenant. There is a fee payable by the buyer for the registration of the Share Certificate. You must retain the documents and keep them safe as the Share Certificate will need to be sent to your solicitor if you subsequently sell your house in the future.