How do I serve a notice of severance of joint tenancy?

Mail a signed copy of your notice of severance of joint tenancy to the other joint tenant(s), asking for a signed acknowledgement of receipt.

What is a severance of joint tenancy form?

The severance of joint tenancy form is called an SEV and it is available at GOV.UK Download Form SEV

Can I download a notice of severance of joint tenancy template?

We draft a notice of severance of joint tenancy template when handling the severance on your behalf.

What evidence is needed when there is no consent

If all joint tenants have signed the document, the original or certified copy of the document must be submitted with form SEV; Or, your conveyancer must certify that they hold the original or certified copy If one or more joint tenants have served any other joint tenants with notice of severance of joint tenancy, the original or certified copy of the notice of severance and a signed acknowledgement of receipt by the other registered proprietors must be submitted with form SEV; Or, the original or certified copy of the notice of severance a certificate (confirming that the notice was given to the other registered proprietor(s), left at their last known place of abode or business in the UK or sent by registered post or recorded delivery service to them at their last known place of abode or business and not returned undelivered). Must be submitted with form SEV; Or, the conveyancer must certify that they hold the original [or certified copy of] notice of severance with an acknowledgement of receipt signed by the other registered proprietors; Or, the conveyancer must certify that they hold the original [or certified copy of] notice of severance, and that it was served on the other registered proprietors in accordance with sections 36(2) and 196 of the Law of Property Act 1925.

Severance for tax purposes - What is the process for married couples?

1 Complete a Deed of Trust 2 Complete Form SEV 3 File a Form 17 4 Next rental payment received is shared in new beneficial interest split (it cannot be backdated)

Can I sever a tenancy on an unregistered property?

You cannot sever a tenancy on a property that isn't registered at the Land Registry. The legal owners need to first register the property at the Land Registry and then sever the joint tenancy.

How long does a severance of joint tenancy take?

In simple cases, where both or all joint tenants sign the application, this process can be as short as 1-2 weeks, subject to Land Registry delays. However, in some cases, where the other registered proprietors are not consenting or you are unable to reach them, you will have to serve notice of severance on them and provide evidence of receipt with your application: Or; The original or certified copy of the notice of severance and a signed acknowledgement of receipt by the other registered proprietors is enclosed. The original or certified copy of the notice of severance and my certificate is enclosed, confirming that the notice was given to the other registered proprietor(s), left at their last known place of abode or business in the UK or sent by registered post or recorded delivery service to them at their last known place of abode or business and not returned undelivered. I am the applicant’s conveyancer and I certify that I hold the original [or certified copy of] notice of severance with an acknowledgement of receipt signed by the other registered proprietors. I am the applicant’s conveyancer and I certify that I hold the original [or certified copy of] notice of severance, and that it was served on the other registered proprietors in accordance with sections 36(2) and 196 of the Law of Property Act 1925. If you do not have the consent of all registered proprietors you will need to factor in additional time to serve notice and obtain the appropriate evidence from the list above. HM Land Registry will only accept one application per title at a time If you are re-mortgaging, it is best to complete this before submitting your application to sever joint tenancy, to avoid any delay to releasing the funds.

Severance of joint tenancy

We can sever your joint tenancy and register your property as tenants in common whether it be for tax purposes or due to a change of personal circumstances.

We can also change you from tenants in common to joint tenants. You can indicate this in the form.

Our Fixed Fee is £260 INC VAT and we can submit the application on the same day we receive your notice of severance of joint tenancy.

What does severance of joint tenancy mean?

A severance of joint tenancy occurs where a co-owner of a property held as joint tenants wants to change the title ownership from Joint Tenants to Tenants in Common.

Do I need a Deed of Trust?

Registering as Joint Tenants or as Tenants in Common with HM Land Registry acts as a memo for the public record, of how you share the property.

To protect your shared ownership for any future dispositions (sale, transfer, lease, etc). you should consider getting a Deed of Trust.

We're registering as joint tenants

If you have previously been registered as tenants in common you will need to execute a Deed of Trust in order to register as joint tenants. The deed is required to evidence your intention to sacrifice your individual share, becoming 100% joint owners, with no right to make a claim to any previous benefit. This will ensure that any future transactions are carried out according to your new Joint Tenant status, as opposed to your previous beneficial interest split as Tenants in Common.

We're registering as tenants in common

You have more freedom for how you choose to share your beneficial ownership.

A Deed of Trust can set out your intentions for rental income, capital gains, income and capital gains tax, as well as what you'll do on sale or if you break up.

A Floating Deed of Trust has the added benefit of allowing your shares to adjust fairly if either owner makes further investments in the property - such as taking full responsibility for the mortgage repayments or funding home improvements and maintenance

Why would you want to sever a joint tenancy?

The three most common reasons for severance of joint tenancy are:

1
Property Income - to share property income in separate and often unequal proportions between the co-owners.

2
Separation - to once again share property income in separate and often unequal proportions, because the relationship between the co-owners has broken down and as such they want to clearly define their beneficial interest in the property.

3
Tax Purposes - joint tenants share rental income equally, tenants in common can share income in a much more tax efficient way utilising the lower tax brackets of the joint owners. This also requires a Deed of Trust to confirm the unequal share and if married a Form 17 disclosure to HMRC.

After severance of joint tenancy, a form A restriction is applied to the title to confirm that it will be held as tenants in common.

In the event of the death of any joint owner, the land registry must be notified with a DJP form.

How is a joint tenancy severed?

1
Agree upon the beneficial interest split
The property as it stands is owned equally, however one party may feel they have contributed more toward the property. It is important to agree on how you split the beneficial interest before your severance of tenancy to protect against any potential legal battle over proceeds from the sale of the Property. We can help settle this for you.

2
Serve a notice of severance of joint tenancy. (If not all joint tenants are signing SEV)

3
Complete form SEV

4
Send the form to HM Land Registry’s Citizen Centre
Include any supporting documents. There is no HM Land Registry fee to pay if all joint tenants mutually consent to the severance.

Frequently Asked Questions

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