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Practice guide 67: evidence of identity

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Practice guide 67: evidence of identity

7. Application is re-lodged by a different conveyancer to the one who lodged it originally

7. Application is re-lodged by a different conveyancer to the one who lodged it originally

There will be occasions when an application which is withdrawn or cancelled is re-lodged for registration by a different conveyancer to the one who lodged it originally. This might happen, for example, following an intervention in the original conveyancer’s practice, where the original conveyancer has otherwise ceased to trade or where a party to a transaction has changed their conveyancer.

Where an intervention has taken place, the firm’s intervening agent can set out who originally acted for the parties on the application form. They do not have to show who acts for them currently. If the intervening agent (or other appointed conveyancer) confirms that they have taken over the client’s file, and that the original conveyancer has ceased to trade, HM Land Registry will treat them as if they were the original lodging conveyancer. In this situation, we will accept the identity evidence and statements provided with the original application, as long as the evidence was satisfactory when first lodged.

Where there has not been an intervention, the conveyancer lodging the application should always complete their application form to show who currently acts for parties, not who acted for them previously. It is not appropriate for the lodging conveyancer to say that a party is represented by the former conveyancer; they must state who acts for that party currently. HM Land Registry will accept, however, an identity form (form ID1 or ID2) verified by the former conveyancer or by another conveyancer provided it is no more than 6 months old at the time that the renewed application is made. We will also accept confirmation of identity where the lodging conveyancer confirms that sufficient steps have been taken to verify a party’s identity. If it is within the lodging conveyancer’s knowledge, they should also state if the original conveyancer has ceased to trade.

If you are unable to provide the above information as part of the application process in our digital services, uploading written confirmation of the above is acceptable.

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