How do I register a charge against a property?

by Readers Question

16:17 PM, 1st June 2015
About 3 years ago

How do I register a charge against a property?

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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. How do I register a charge against a property

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

16:56 PM, 1st June 2015
About 3 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

Barbara Peter

16:59 PM, 1st June 2015
About 3 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.

Ian Narbeth

17:04 PM, 1st June 2015
About 3 years ago

Paul
Have a look at Land Registry Practice Guide 76 https://www.gov.uk/government/publications/charging-orders
Ian

18:30 PM, 1st June 2015
About 3 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

18:32 PM, 1st June 2015
About 3 years ago

Hi Paul - save the errors and get it done with help- I am more than happy to assist as I say.

Paul A Brady

15:13 PM, 5th June 2015
About 3 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.

Paul A Brady

11:05 AM, 8th June 2015
About 3 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

11:30 AM, 8th June 2015
About 3 years ago

Hi Paul - you can contact me on 1) 0845 643 4507 or 2) peter.fisher@boddingtonlaw.co.uk

14:16 PM, 12th June 2015
About 3 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


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