Form

Guidance: how to complete form TR1

Updated 23 January 2024

Applies to England and Wales

These notes give general guidance on how to complete form TR1 for the transfer of property.

You don’t have to use a solicitor or other legal adviser to complete the form and send it to us, but the help we can give you is limited. We cannot give you legal advice. If a mortgage is involved, the lender may insist you use a solicitor or licensed conveyancer.

In this guide, the person transferring the property, whether they are selling it or giving it, is called the ‘transferor’. The person receiving the property is the ‘transferee’.

1. When to use form TR1

You can use form TR1 to transfer:

• the whole of the property in one or more registered titles
• property being registered for the first time

To transfer part of a registered title, use form TP1 instead.

2. Before you complete form TR1

2.1 Find out if the property is registered

You will need to know if the property is registered or not, as this affects the information you need to send us. To find out if the property is registered, you can either:

• use our Find a property service
• carry out a search of the index map

2.2 Check what is in the register

If the property is registered, there may be entries in the register to consider before you can complete the transfer of the property.

To see what is in the register, either:

• view or download a copy of the register
• get an up-to-date official copy of the register

Entries may include:

• a restriction: an entry requiring action before registration of the transfer can take place, such as getting consent to transfer from a person named in a restriction, or a certificate complying with conditions in a specified deed
• a unilateral notice/agreed notice/caution: you may need to apply for its cancellation or removal
• a clause in the lease (if the property is leasehold) requiring the landlord to give their consent, or at least to be informed
• the consent of the lender if the property is mortgaged, or evidence of the mortgage’s discharge if you are paying it off

You should consider every entry in the register and get the evidence you need before you send your application to us.

3. How to complete panels in form TR1

It is easier to complete many of the panels in the form if you have a copy of the register or an official copy of the register (see Check what is in the register).

3.1 Panel 1: title numbers

Insert the title number(s) of the property you are going to transfer (this is noted at the top of the first page of an official copy of the register). You can use one form for more than one title number. If the property is not registered, leave this panel blank.

Using this form of transfer will result in the transfer of all the property in the registered title. If you only intend to transfer part of the property in the title, use form TP1 instead.

3.2 Panel 2: property

Insert where shown a brief description (including the postcode) of the property you intend to transfer. If the property is registered, you will find this at the beginning of the Property Register as shown on the official copy of the register and it will normally be the postal address of the property.

3.3 Panel 3: date

Insert the date of completion in this panel (see panel 12: execution). Do not do this until after the transfer has been executed.

3.4 Panel 4: the transferor(s)

Write here the full names (including all middle names) of all the person(s) who are going to transfer the property. This must be the name(s) of the registered owners in the register, or someone who can prove they can act on their behalf (such as an executor).

If the information you put in this box does not match what appears in the register, you must supply us with evidence as to why. This might be a deed poll or marriage certificate for someone who has changed their name. If one of the joint owners has died, you will need to send us the death certificate or grant of probate.

If the transferor is a company, you must complete the additional fields in the panel.

3.5 Panel 5: the transferee(s)

Insert the full names of all the people to whom the property is to be transferred (maximum of four). Do not include the titles “Mr” or “Mrs”, but if you have any other title, please include it.

If a sole proprietor (such as Mr A) wants to transfer the property to two (or more) people including himself (such as both Mr and Mrs A), his name will need to be included as well. He cannot transfer just a share of the property.

If the transferee is a company, you will need to complete the additional fields in the panel.

3.6 Panel 6: address

Each transferee needs to supply us with a correspondence address, which must be a postal address either in the UK or abroad. Please remember to include any postcode or overseas equivalent. You may also supply up to two other addresses, which may be a postal, email, box number, or UK document exchange address.

Keeping your address up to date is very important because we may have to send important notices that could affect your rights.

3.7 Panel 7: transfer

This statement is appropriate in all cases; do not add to, or otherwise amend this panel.

3.8 Panel 8: consideration

Enter the amount paid for the property being transferred where shown (first box). If the transfer is to be by way of gift, select the second box. If the transfer is for any other consideration, select the third box and enter the details.

3.9 Panel 9: title guarantees

In providing these guarantees the transferor(s) give certain binding promises about their title to the property. There are two types, though either may be modified. These guarantees impose obligations, which will continue to bind the owner even after completion of the transfer. This area is complex and if you have any doubts we recommend you seek the advice of a solicitor or other professional, as we cannot provide you with legal advice.

The types of guarantee are:

• Full title guarantee: the transferor(s) guarantee, to the best of their knowledge, that there are no financial charges/encumbrances (such as mortgages) or other third party interests (such as rights of way/leases) which affect the property other than those already revealed to the transferee(s)
• Limited title guarantee: a more restricted set of promises by the transferor(s). This guarantees that the transferor(s) have not themselves created, or allowed to be created, any charge, encumbrance or third party interest that still exists at the date of the transfer.

Complete this panel by selecting the title guarantee, if any, to be given by the transferor and add any necessary modifications to that guarantee.

3.10 Panel 10: declaration of trust

This panel should be completed if there is more than one transferee.

Joint ownership is a difficult area of the law. It can lead to disputes when a joint owner dies or the relationship between joint owners breaks down. Recording the joint owners’ intentions in panel 10 of the transfer or in a separate form JO (discussed below) may help to avoid such disputes later on. However, this is only a starting point, as the joint owners’ intentions may change over time.

If there is more than one transferee, as joint owners they will automatically hold the property on trust for themselves and/or anybody else who has a beneficial interest in the property.

Joint owners can hold their beneficial interest in the property as joint tenants or as tenants in common.

Beneficial joint tenants do not own specific shares in the property. If one of them dies, their interest passes automatically to the surviving beneficial joint tenant(s) even if they have made a will leaving it to someone else.

Beneficial tenants in common own specific shares in the property, which may be equal or unequal and they can leave their share to someone else in their will.

Unless it is clear, at the time of acquisition, that the joint transferees intend to hold the beneficial interest on trust for themselves alone as joint tenants, we have a duty to enter a restriction in Form A in the register. The effect of this restriction is that we will not register a sale or mortgage of the property unless there are at least two registered proprietors, as trustees, to jointly receive the sale or mortgage monies. This means the last survivor of tenants in common is not permitted to sell the property without proving that the trust has come to an end or appointing a new co-trustee.

If the joint transferees intend to hold the property on trust for themselves alone as joint tenants, they should place an ‘X’ in the first box. Alternatively, if they intend to hold the beneficial interest as tenants in common in equal shares, they should place an ‘X’ in the second box. They should place an ‘X’ in the third box if they intend to hold it in unequal shares, or for themselves and others (whether in equal or unequal shares), or under the terms of a separate existing trust deed or will, and in each case they should also add the relevant details.

As an alternative to completing this panel, you may use the trust information form JO. Form JO contains the same options as panel 10 but is designed as a separate form to assist in providing the relevant information and ensuring that each joint transferee signs a declaration of trust (see panel 12 below.) If the declaration of the trust on which the transferees will be holding the property is already contained in a separate deed or will, a conveyancer may include details of it in, and sign, the form JO instead of the transferees.

If neither panel 10 of the transfer nor a form JO are completed and lodged with the application to register a transfer to joint transferees, we will enter a Form A restriction by default.

If you have any doubts about what is required, you should seek professional advice before you proceed.

3.11 Panel 11: additional provision

Sometimes there are covenants or agreements between the transferor(s) and transferee(s). This is where you should enter the details. You may wish to seek legal advice as such covenants or agreements are binding on the person(s) who gives them even after completion of the transfer.

3.12 Panel 12: execution

All the transferors must execute (legally sign) the deed, using the following words:

Signed as a deed by (full name of transferor)_________________ (signature)

In the presence of: _________________(signature of witness)

(print full name and address of witness)

If panels 10 or 11 have been completed, the transferees must also sign.

The witness should be independent, and preferably someone who knows you well and could confirm you did sign the deed if necessary. One person may witness more than one signature but must sign and complete the details below every signature witnessed.

One party to the transfer cannot witness the signature of another party to the transfer. The spouse, civil partner or co-habitee of a transferor or transferee can act as a witness (if they are not a party to the deed), but this is best avoided.

There are different requirements if the transfer is being signed by an attorney or company, or at the direction of the transferor. If you want the form of wording in those circumstances, see Practice Guide 8 or contact us.

4. Documents to send with form TR1

All required documents must be sent together with your completed form TR1.

4.1 Stamp Duty Land Tax certificate

If you are paying Stamp Duty Land Tax, you will need to send us a certificate. Find out more from HM Revenue and Customs.

4.2 Form AP1 or form FR1

If the property is registered, you must complete form AP1.

If the property is not yet registered, you must complete form FR1.

4.3 Certificate of identity

If you are sending form AP1 or form FR1 and you are not a conveyancer, you must also provide evidence of identity. For further information see:

• Completing forms ID1 and ID2 (Verification by conveyancer)

• Completing forms ID3 and ID4 (Verification by a non-conveyancer)

5. Contact us

If you need more help or information about completing the form, contact us. Please be aware that we do not give legal advice.