We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
charge on property with land registry
noelphobic
Posts: 2,297 Forumite
Can an individual or organisation place a legal charge on a property without the written consent of the owner or their legal agent?
3 stone down, 3 more to go
0
Comments
-
I believe so, but only with the assistance of a court order...0
-
-
Yes, unless they were an ostrich or stupid. Or a spouse/partner being kept in the dark about something very, very not good. It happens0
-
There is a legal charge on my late mother's property which was placed by the Local Authority. This was so that her nursing home costs could be claimed back as happens with a Deferred Payment scheme. However, I am not aware that anyone signed to agree to this. My mother wouldn't have been capable because she was so ill and no one had Power of Attorney so would not have had the authority.
I wonder how legal this legal charge is?3 stone down, 3 more to go0 -
Would this need permission from the owner? As a legal right the Local Authority could place the charge without permission from the property owner I would have thought.
Plenty with more knowledge than me on this so I stand to be corrected.I am a Mortgage AdviserYou should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.0 -
Would this need permission from the owner? As a legal right the Local Authority could place the charge without permission from the property owner I would have thought.
Plenty with more knowledge than me on this so I stand to be corrected.
That was basically the question I started with!
If the owner lacked the capacity to consent and no one had POA then I am wondering if the LA would have the legal right.3 stone down, 3 more to go0 -
I believe a court could award it without your mother's consent. Have you had a look on the AgeUK site to double-check?0
-
BitterAndTwisted wrote: »I believe a court could award it without your mother's consent. Have you had a look on the AgeUK site to double-check?
I am pretty sure it didn't go to court. I don't think there is anything on the Age UK website specifically about consent to this.3 stone down, 3 more to go0 -
Just a minute! It's my understanding that Local Authorities impose a charge for providing PERSONAL care for people who can't pay for it themselves, not medical/nursing care, which comes under the NHS. If your mother was too poorly to consent to the charges she would have been too poorly to need solely personal care.
This needs looking into but I'm not sure how you could go about asking for an explanation or even contesting them now0 -
I would contact the land registry and request to see a copy of the originating document, you will then see if she signed a document or if a court order was sought.
or indeed there is some Local Government Act (doubtful) that enforces an owners "duty to sell". Similar to the mechanism used under compulsory purchase.
..0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 354.4K Banking & Borrowing
- 254.4K Reduce Debt & Boost Income
- 455.4K Spending & Discounts
- 247.3K Work, Benefits & Business
- 604K Mortgages, Homes & Bills
- 178.4K Life & Family
- 261.5K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards