Name Change Addendum To Real Estate Contract Template for England and Wales

When a party to a property sale or purchase changes their name between exchange of contracts and completion, the completion documents must record the correct current name. An addendum formally amends the existing contract to reflect the change, ensuring that the title transfer, the Land Registry application, and all completion documents are consistent and legally accurate.

The addendum should refer to the supporting evidence for the name change, such as a marriage certificate, civil partnership certificate, deed poll, or statutory declaration. The conveyancer will attach copies to the completion file. HM Land Registry will require this evidence when processing the application to update the registered proprietor's name under the Land Registration Rules 2003.

Yes. Under the Law of Property (Miscellaneous Provisions) Act 1989, any variation to a contract for the sale of land must be in writing and signed by both parties to be effective. An unsigned addendum cannot vary the underlying contract. In practice, solicitors exchange signed addenda in the same way as the original contract.

A name change does not itself affect the property title. However, at completion the TR1 transfer deed must be executed in the party's current legal name. After completion, if the registered proprietor's name on the title register differs from their current name, an application can be made to HM Land Registry on form AP1 with the name change evidence to update the register.

Yes. Lenders issue mortgage offers in a specific name. If the buyer's name changes before completion, the solicitor must notify the lender promptly. Most lenders will issue an updated offer or a letter of amendment to reflect the new name. Completing in a name different from the mortgage offer without lender consent may trigger a breach of the mortgage conditions.

HM Land Registry charges a fee for voluntary first registration and other applications, but updating a registered proprietor's name to reflect a legal name change does not attract a separate Land Registry fee where it is dealt with as part of a substantive dealing such as a sale. A standalone application to change only the name on the register is treated as a registered charge and may attract the minimum scale fee.

The sale can proceed, but the TR1 transfer deed must be executed in the seller's current legal name and the discrepancy between the register and the seller's current name must be explained to the buyer's solicitor and, where applicable, the buyer's lender. HM Land Registry will accept the transfer but will update the register on completion to reflect the new registered proprietor in their current name.

An addendum that only corrects a party's name without changing the consideration, the parties' beneficial interests, or any other substantive term does not itself constitute a new land transaction for SDLT purposes. However, any variation to the consideration or the structure of the transaction does trigger a reassessment. Solicitors should confirm with HMRC or a tax adviser if there is any doubt.