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  • FIRST POST
    • ultimatedingbat
    • By ultimatedingbat 16th Oct 16, 7:49 PM
    • 737Posts
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    ultimatedingbat
    Application to Register a Restriction Against the Land
    • #1
    • 16th Oct 16, 7:49 PM
    Application to Register a Restriction Against the Land 16th Oct 16 at 7:49 PM
    Panicking! A letter came for our landlord which we thought was for us, opened it and realised it was the above. Now panicking as we're in no position to move if we can avoid it!
    WHat does it actually mean? Help?
Page 1
    • G_M
    • By G_M 16th Oct 16, 7:53 PM
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    G_M
    • #2
    • 16th Oct 16, 7:53 PM
    • #2
    • 16th Oct 16, 7:53 PM
    I can't read the application from here.

    What does it say?

    IF it is to do with bankrupcy or repossession by mortgage lender, see

    * Repossession: what if a LL's mortgage lender repossesses the property?

    But more likely something else.
    • ultimatedingbat
    • By ultimatedingbat 16th Oct 16, 7:56 PM
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    ultimatedingbat
    • #3
    • 16th Oct 16, 7:56 PM
    • #3
    • 16th Oct 16, 7:56 PM
    It says that a charge has been placed against the land due to failure to pay an IVA.

    What are our rights if the property is repossed? We've lived here 2.5 years now. We are trying to move out and buy which is why we're not in a position to have to rent again!
    • G_M
    • By G_M 16th Oct 16, 8:24 PM
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    G_M
    • #4
    • 16th Oct 16, 8:24 PM
    • #4
    • 16th Oct 16, 8:24 PM
    It says that a charge has been placed against the land due to failure to pay an IVA.
    which simply means that if/when the owner (your landlord) sells the property, he will have to use the proceeds to pay off his debt.

    What are our rights if the property is repossed?
    Originally posted by ultimatedingbat
    Sigh!

    Read the link provided.
    • ultimatedingbat
    • By ultimatedingbat 16th Oct 16, 8:38 PM
    • 737 Posts
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    ultimatedingbat
    • #5
    • 16th Oct 16, 8:38 PM
    • #5
    • 16th Oct 16, 8:38 PM
    Apologies I've misunderstood then. Surely if they've failed an IVA the next step is potentially going bankrupt?
    • ultimatedingbat
    • By ultimatedingbat 18th Oct 16, 8:00 PM
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    ultimatedingbat
    • #6
    • 18th Oct 16, 8:00 PM
    • #6
    • 18th Oct 16, 8:00 PM
    I have quite the white lie landlord. She's called us today to say it's nothing to be worried about its just to do with getting some permission to do some building work!
    • Doozergirl
    • By Doozergirl 18th Oct 16, 9:58 PM
    • 22,254 Posts
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    Doozergirl
    • #7
    • 18th Oct 16, 9:58 PM
    • #7
    • 18th Oct 16, 9:58 PM
    The house isn't being repossessed.

    I'd read the link just in case, so that you are informed, but it is just a charge at the moment. GM has given you good advice and there really is little point worrying about something that isn't happening.
    Everything that is supposed to be in heaven is already here on earth.
    • ultimatedingbat
    • By ultimatedingbat 18th Oct 16, 10:07 PM
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    ultimatedingbat
    • #8
    • 18th Oct 16, 10:07 PM
    • #8
    • 18th Oct 16, 10:07 PM
    We know it isn't being reposessed at the moment however we're trying to make sure we know for definate what can happen as this can not be a good thing.

    It does seem unlikely though her explanation is true
    • moneyistooshorttomention
    • By moneyistooshorttomention 19th Oct 16, 8:02 AM
    • 10,888 Posts
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    moneyistooshorttomention
    • #9
    • 19th Oct 16, 8:02 AM
    • #9
    • 19th Oct 16, 8:02 AM
    I was going to suggest offering to buy this house off her - at a suitably reduced price.

    But now she has lied to you - then she has shown herself as a potentially unreliable vendor. My thoughts are now turning as to whether - if the house gets re-possessed - you could buy it off a more reliable vendor (ie whichever firm it is that repossesses it). Maybe there is a potential deal to be done by a sitting tenant?

    One thing to be grateful for - forewarned is forearmed and so it's a blessing that you did accidentally open that letter. At least you're "on guard" now - which you wouldnt have been if it wasnt for that mistake.
    The unexamined life is not worth living.
    • ultimatedingbat
    • By ultimatedingbat 19th Oct 16, 8:10 AM
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    ultimatedingbat
    @moneyistooshorttomention - So it is a fib then? We thought it was. Thankfully we are in the process of buying a house already. That's why we're not in a position to find more rental accomadation. I wouldn't buy this house, I dred to think of the skeletons it holds. It's not in great repair, however the 'patch' jobs she's done make sense now with her lack of financial stability.

    We'll just sit and wait and keep plugging on.

    I've read the link so we're prepared and I've discussed with my husband what we can do if worse comes to worse so we do have a plan in place.
    • Doozergirl
    • By Doozergirl 19th Oct 16, 9:12 AM
    • 22,254 Posts
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    Doozergirl
    We know it isn't being reposessed at the moment however we're trying to make sure we know for definate what can happen as this can not be a good thing.

    It does seem unlikely though her explanation is true
    Originally posted by ultimatedingbat
    She's embarrassed, which is understandable. In the main, people lie to protect something. In this case, it will be her pride and your tenancy.

    Other posters are rather imaginative and suspicious of everyone. Not a very healthy way to live. If they had Trump's money, I suspect they'd be involved in just as many potential law suits.

    This isn't a forever tenancy and I'm sure everything will be fine before you move out under your steam. What would you choose to believe right now? That everything will be fine or worrying waiting for paperwork that may never turn up?

    The only time you need to think about that is when it happens. Until then, it simply doesn't exist. Worrying changes nothing and thinking bad of your landlady doesn't either, except that it spoils your present moment.
    Last edited by Doozergirl; 19-10-2016 at 9:18 AM.
    Everything that is supposed to be in heaven is already here on earth.
    • ultimatedingbat
    • By ultimatedingbat 19th Oct 16, 9:28 PM
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    ultimatedingbat
    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
    • By martindow 20th Oct 16, 1:02 PM
    • 6,632 Posts
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    martindow
    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.
    • ultimatedingbat
    • By ultimatedingbat 20th Oct 16, 6:30 PM
    • 737 Posts
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    ultimatedingbat
    @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
    • By martindow 21st Oct 16, 10:34 AM
    • 6,632 Posts
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    martindow
    @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!
    Originally posted by ultimatedingbat
    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
    • By AdrianC 21st Oct 16, 11:33 AM
    • 12,078 Posts
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    AdrianC
    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.
    • steampowered
    • By steampowered 21st Oct 16, 11:40 AM
    • 535 Posts
    • 467 Thanks
    steampowered
    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
    • By Hoploz 21st Oct 16, 12:39 PM
    • 3,048 Posts
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    Hoploz
    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.
    • ultimatedingbat
    • By ultimatedingbat 21st Oct 16, 8:55 PM
    • 737 Posts
    • 202 Thanks
    ultimatedingbat
    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 ...
    Originally posted by martindow
    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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