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Application to Register a Restriction Against the Land

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Comments

  • Yeah I guess she probably is. Thanklfully not a forever tenancy - how is in a shamble so never going to be our forever home. We hopefully wont have to deal with the potential bad. Hopefully x
  • martindow
    martindow Posts: 10,214 Forumite
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    I'm quite surprised that the creditors agreed to an IVA knowing that your LL had the asset of your house. It's good news that they are putting a charge on the house rather than forcing its sale.

    You need to hope that no expensive repairs are needed in your house. The LL clearly has no cash available to replace the boiler or anything similar.
  • @martindow - It does need work doing - There's a big damp problem, the electrics are shot, gutters are backed up with crap - Am glad we're getting out!
  • martindow
    martindow Posts: 10,214 Forumite
    Name Dropper First Post First Anniversary
    @martindow - It does need work doing - There's a big damp problem, the electrics are shot, gutters are backed up with crap - Am glad we're getting out!
    You can ask the environmental health department to do an inspection and force the LL to make repairs - wouldn't help you if you're leaving but it could help future tenants.

    However the problems you mention could be minor. Damp problems can be due to lifestyle and lack of ventilation so are not necessarily something they would act on. Clearing the gutters is a minor job which could be causing damp if they overflow.

    What do you mean by the electrics are shot? There is no requirement for electrical systems to be to current standards. It can be quite old, with fewer sockets than you might like but perfectly safe - EH won't act in this case. On the other hand if you see sparks and smoke coming out of the fuse box ...
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    First Anniversary Name Dropper First Post
    A charge has been placed. Is it a first or second charge?
    If there's a mortgage, it'll certainly be a second charge, so the creditor is behind the mortgage lender in the queue. They're unlikely to force bankruptcy, simply because there may not be enough left to cover their debt.
    Is there any indication the mortgage is behind? This is clearly not the mortgage lender who have placed the charge - they already have one.
  • There is a long gap between registering a charge and getting repossession. Nothing to worry about in the immediate future.

    As per the link you were given by G_M, assuming your landlord was authorised to let the property to you (i.e. he had a buy-to-let mortgage), it wouldn't matter if the house were repossessed anyway.

    You'd still have a valid tenancy it would just be that the new owner of the property would be your landlord.
  • Hoploz
    Hoploz Posts: 3,888 Forumite
    Having a charge put against the property means diddly squat in relation to going bankrupt and repossession.

    Someone tried to put a charge on our house which we managed to get lifted as it was due to a rogue business partner having a debt of £3k.

    Point is, it could easily be a very small debt relative to the value of a house. In our case the court case all happened entirely without our knowledge, the first we knew was when we received a letter from the land registry.

    There is no need to jump to conclusions. Besides, you'll be gone in a few months anyway so it will not affect you one bit. Forget the whole thing and get on with thinking about your new future home.
  • martindow wrote: »
    You can ask the environmental health department to do an inspection and force the LL to make repairs - wouldn't help you if you're leaving but it could help future tenants.

    However the problems you mention could be minor. Damp problems can be due to lifestyle and lack of ventilation so are not necessarily something they would act on. Clearing the gutters is a minor job which could be causing damp if they overflow.

    What do you mean by the electrics are shot? There is no requirement for electrical systems to be to current standards. It can be quite old, with fewer sockets than you might like but perfectly safe - EH won't act in this case. On the other hand if you see sparks and smoke coming out of the fuse box ...

    The damp isn't lifestyle caused. It could be lack of ventiliation however. WE're on the damp catchers.

    Our electrics were tested a few months ago and he said while it was 'passable' it was only just so. It's the kitchen circuit that's not in great shape.
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