Registering an interim charge on landlords property - Help!

[pula]

Hi! new subscriber to this section. help desperately needed.

One year ago I & friends moved out of rented property - landlord promised to return deposit + money paid for emergency sewage repairs (sewage coming up shower & bath plug hole!). Inspite of repeated excuses (father died) & promises nothing was reimbursed. Took landlord to court - won on default (he never replied to any communication from court - what does he care about scum tenants?). Enforcement through bailiffs tried but failed to achieve anything. Noticed that property (3 flats) is up for sale (nearly £1million!!). Have therefore applied for charge on property in the hope of retrieving our measly (£2,300) in comparison to his worth, debt.

Problem can anyone help? We have been awarded an interim charging order but we need to register it with the Land Registry. They have not really been very helpful. They said from their website - read Practice 90 - there doesn't seem to be such a practice. They also said use form RX! AN1 or UN1. Can't make out which of these is relevant. They said go to a solicitor. Easy to say but we are relative to him, poor working tenants and not in a position to do this.
Any expert out there who can advice on how to register an interim charging order? Please advice if you can! Time is of the essence as our 'Rachman' could sell these flats at any time so really appreciate a quick response! Feeling really gutted at the prospect that this person is going to get away with the money he owes us
Thanks in advance!

[Aequitas]

Of the forms listed UN1 seems to be the one, but I am checking the LR site.

[pula]

Thanks for prompt reply! You're a star! Will check it out immediately. Very unfamiliar with being in the position of someone owing me money!

[Aequitas]

You do need to use Form UN1 - see here http://www.landregistry.gov.uk/asset...ts/lrpg019.pdf and go to section 8.1.

[pula]

Thanks once again! It seems excellent advice but it seems that it is necesary to go to a Commissioner of Oaths or a Solicitor to get it signed - is that right? could be ages doing that and the cost!!

[Aequitas]

Fill in the form as appropriate. When you get to section 12 complete it as set out in the LR note. If you complete section 12, section 13 is not needed. You must take to the completed form to a commisioner for oaths. He will "do his bit". The fee is fixed. As far I know it's still only five pounds.

[pula]

Thanks Aequitas for the info!

Your post prompted me to go to the land registry website and have a good look around. Checked all relevant documents but .. something I forgot to add was that the landlord had a wife .. and the property therefore had a co-owner so -- the form was not UN1 but RX1 -- all terribly complicated but your post really got me looking at issues. What a minefield trying to exercise our legal rights! Only hope that this is indeed the right form but have found out that, apparently if it's wrong they will return it and I can correctly apply again without paying a further £40 fee. Hope so cos with the Nationality form if you get turned down you lose your money. Anyway the RX1, if this is the correct form, doesn't require a Commissioner of Oaths statement so glad about that.

Once again really grateful for your post. It set me on the right (I hope!) road when I didn't know where to start so can't thank you enough You 'empowered me' as they say - the purpose of this site?? Thanks again

[Aequitas]

Since the person you obtained judgment against is one of two joint owners then form RX1 does seem to be correct. The restriction to be applied for has to be in form K as set out in scheule to the Land Registration Rules 2003 and is as follows:

No disposition of the [registered estate or registered charge dated [date]] is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of [an interim] [a final] charging order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date)(Court reference................ ....).

However, a restriction in this form does not give you a lot of protection - just the right to be given notice. What are you going to do when you get the notice?

I think you should have taken proceedings against both owners.

[pula]

Thanks for the reply Aequitas! What can I do when I get the written notice? Are you saying that RX1 is not actually a charge? Does this mean that the property can be transferred to new owners without my getting my money back even though it has been ordered by the court? What would be the point of get the interim & final charging order if this was the case? I'm really confused. There seems no point in having taken the landlord to court to return the deposit, getting bailiffs to try & enforce the judgement, paying to register charges etc if when the landlord sells the property (currently on the market for just under £1m) I don't get my deposit (now worth just over £2000) back! Thought I couldn't take other owner to court as she wasn't listed as the landlady on contract although she was always about. Help!
Please advice where I can find out more!!

[gizmo111]

Get a free half hour with a solicitor - a fair amount offer thsi service.

[pula]

Thanks for the reply Gizmo! Obviously situations aren't always as clear on posts as they truly are - I'm really posting for my son who now works in Denmark although he will be coming back for the final charging hearing. data Protection/confidentiality etc make it difficult for me to see a solicitor in time - waiting for authorisation etc.

I find it difficult to believe (although I understand that justice doesn't necessarily mean fairness) that a charging order given by a court on a property isn't actually a charging order - ie the property can be sold without paying out the judgement creditors. There are other people who have previously put a charging order on the same property so they must also be hoping to get something when the property is sold. Think I might phone the land registry. My blood boils when I think that the landlord who is just about to get so much (£1m) for his property can't pay back a deposit to tenants who at the time were poor - a nurse and a student. Exploitation to excess by someone known to TV viewers as well! Not mentioning any names!

[gizmo111]

It is actually practice direction 19 and is here I haven't read it but hope it helps.

[Esio Trot]

Originally Posted by Aequitas

Since the person you obtained judgment against is one of two joint owners then form RX1 does seem to be correct.

When you went for Judgement, why did you only name the landlord? Did you not do a land registry search beforehand?

Even though your tenancy agreement may have only had the landlords name on it, you could have done a joint claim - you could then use the UN1 form.

It may pay you to bite the bullet and get a lawyer involved. Or, if you feel confident, pay the fee (£35 I think) and ask for the judgement to be altered to joint names providing the land registry office copy as evidence.

Get the charging order registered in the mean time. Most lawyers want a clean completion, and any restriction will prompt them to action. If not registered, it could be sold from under your feet - unless you use a lawyer who does a Priority Search (this gives you protection for 6 weeks.).

I also have a interim charging order against a property owner who signed as guarantor (I lent his relation £20K to stop bailiffs who were due next day to repossess. The property had been sold, but mort co would not release charge while there were arrears. When it completed it turned up that he had yet another secured loan that swallowed up the equity). This is interesting as his lawyer is trying to say that the property was sold last December and has TR1's etc to prove it - yet Land Registry still have him as owner. We have the full hearing end of July, and we are going for an order for sale at the same time (don't believe his lawyer).

[Joa]

pula; you never know, you may qualify for legal aid. Check here: Legal Aid Calculator
You can then find out a solicitor in your area who does LSC Funding:
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