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    • rtb89
    • By rtb89 11th Mar 17, 8:29 AM
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    rtb89
    FTB - Charge registered against property
    • #1
    • 11th Mar 17, 8:29 AM
    FTB - Charge registered against property 11th Mar 17 at 8:29 AM
    Hoping someone might be able to offer some insight. We're currently in the process of purchasing a 3 bed Victorian terrace (offered early November).The buying process has been extremely protracted due to sluggish solicitors and the unfortunate passing of the vendor.


    Probate was granted early January and we're now dealing with the beneficiaries. Contracts have been signed (but not exchanged) and enquiries have been passed between solicitors. At long last all enquiries have been answered, however, one of them has surfaced something which is going to need to be addressed before we can exchange.

    A Disabled Facilities Grant was awarded in 2010 (I believe for the installation of a stair lift, there was however no stair lift when viewing the property). As a result of this "grant" a charge was placed on the property for a period of 10 years (expires 2020).

    The vendors have said in answer to the enquiries that it is a grant and no money is repayable (so there's nothing for us to worry about). Our solicitors are rightly demanding that the charge is removed and appropriate confirmation from the Local Authority is provided.

    From what I can see (with my limited research) the money is repayable in full in the event a property is sold or transferred within a 10 year period of the initial award. I'm assuming the vendor is/was unaware of this and am worried it's going to throw a massive spanner in the works.

    Does anyone have any idea what the timescales would be regarding the satisfactory removal of the charge?
Page 1
    • da_rule
    • By da_rule 11th Mar 17, 9:18 AM
    • 2,318 Posts
    • 2,082 Thanks
    da_rule
    • #2
    • 11th Mar 17, 9:18 AM
    • #2
    • 11th Mar 17, 9:18 AM
    If there is money repayable (your research regarding 10 years is correct, I have just dealt with one of these), the sellers need to approach the local authority and get a redemption figure (same as if it was a mortgage). Your solicitor should then get an undertaking from the sellers solicitor that they will use the proceeds of sale to pay the redemption figure and provide evidence of that. The local authority will then complete the relevant paperwork to have the charge removed and submit it to the Land Registry.
    • davidmcn
    • By davidmcn 11th Mar 17, 10:02 AM
    • 4,733 Posts
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    davidmcn
    • #3
    • 11th Mar 17, 10:02 AM
    • #3
    • 11th Mar 17, 10:02 AM
    If there is money repayable (your research regarding 10 years is correct, I have just dealt with one of these), the sellers need to approach the local authority and get a redemption figure (same as if it was a mortgage). Your solicitor should then get an undertaking from the sellers solicitor that they will use the proceeds of sale to pay the redemption figure and provide evidence of that. The local authority will then complete the relevant paperwork to have the charge removed and submit it to the Land Registry.
    Originally posted by da_rule
    Or in other words, no more problematic than paying off a mortgage.
    • Mojisola
    • By Mojisola 11th Mar 17, 10:10 AM
    • 26,920 Posts
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    Mojisola
    • #4
    • 11th Mar 17, 10:10 AM
    • #4
    • 11th Mar 17, 10:10 AM
    A Disabled Facilities Grant was awarded in 2010 (I believe for the installation of a stair lift, there was however no stair lift when viewing the property). As a result of this "grant" a charge was placed on the property for a period of 10 years (expires 2020).

    The vendors have said in answer to the enquiries that it is a grant and no money is repayable

    From what I can see (with my limited research) the money is repayable in full in the event a property is sold or transferred within a 10 year period of the initial award. I'm assuming the vendor is/was unaware of this and am worried it's going to throw a massive spanner in the works.
    Originally posted by rtb89
    A charge to recoup such a 'grant' is quite normal. My parents had one placed on their house when they had a disabled shower fitted by the council.

    The executors who are selling the house might not understand this but their solicitor should!
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