How do I register a charge against a property?
I have just been granted my first charging order against the property of a tenancy guarantor. I got through to this stage ( including the court hearing yesterday – all of 3 minutes ) myself using good old Money Claim Online – a process I have used successfully on a number of occasions over the past 12 years. ![]()
On contacting HMLR to ask how to go about registering the charge I was told to go to a solicitor. Now, I love my solicitor, but do not intend to pay £400 for what I’m sure can only be a case of filling in a simple form – as so many of these things are!!!!!!!!!!!
So, my question is: can anyone please tell me which form to download and fill in, or do I really need a solicitor to do it?
I’m happy to share my experiences of the odd times I have had to go through the Section 8 process / debt recovery process without the aid of a solicitor.
Kind regards
Paul
Comments
Have Your Say
Every day, landlords who want to influence policy and share real-world experience add their voice here. Your perspective helps keep the debate balanced.
Not a member yet? Join In Seconds
Login with
Previous Article
Missing lease documentNext Article
City of Culture vs local investment
Comments: 98
4:56 PM, 1st June 2015, About 11 years ago
Hi – it is very straightforward to register at HMLR. There is a fee and you will need the Court Order. I have done this before and a fixed fee of about 100.00 plus HMLR fee if you want. If you got this by default be careful that when the defendant finds out they do not try and get it set a side and cost you money to go back to court to fight it
Member Since December 2014 - Comments: 2
4:59 PM, 1st June 2015, About 11 years ago
Hi Paul it depends what the charge is for:
Restrictions
What is a Restriction?
A restriction is an entry made in the Proprietorship register of the title to freehold property, which restricts what dispositions (sales, mortgages, gifts etc) can be registered against the title. It is registered using form RX1 and removed with form RX4. A restriction can be used to protect any number of interests, and there are many standard forms. The full list can be found in Land Registry Practice Guide 19 at section 10.
Member Since July 2013 - Comments: 2002 - Articles: 21
5:04 PM, 1st June 2015, About 11 years ago
Paul
Have a look at Land Registry Practice Guide 76 https://www.gov.uk/government/publications/charging-orders
Ian
Comments: 98
6:30 PM, 1st June 2015, About 11 years ago
Hi – the guide is good but when you come to fill out the paperwork you can easily make errors if you are not used to doing them
Comments: 98
6:32 PM, 1st June 2015, About 11 years ago
Hi Paul – save the errors and get it done with help- I am more than happy to assist as I say.
Comments: 25
3:13 PM, 5th June 2015, About 11 years ago
Thank you all for your suggestions – I’m just back from 3 days in Liverpool with no internet and will look at it all later today.
Just received the court paperwork today. It says ‘ the charge created on xx shall continue’ and ‘the interest of the debtor in the described asset …stand charged with the sum of xx’
Again, many thanks and I will come back to you.
Comments: 25
11:05 AM, 8th June 2015, About 11 years ago
Reply to the comment left by “Peter Fisher – Boddington Law” at “01/06/2015 – 18:32“:
Hi Peter, How do I contact you? I’m away again now until Thursday, but would like to get it registered.
Thanks
Paul
Comments: 98
11:30 AM, 8th June 2015, About 11 years ago
Hi Paul – you can contact me on 1) 0845 643 4507 or 2) [email protected]
Comments: 98
2:16 PM, 12th June 2015, About 11 years ago
Hi Paul – if you give me your number I’ll give you a call so I can ssee what I can do for you