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Help Charging Order Advice

Sallyanne6972
Posts: 1 Newbie
My partners uncle gave him 100,000 to buy a house outright a few years ago. He paid him a monthly rent to pay off the debt. The uncle put a charging order on the property to secure his money. To cut a long story short, he fell out with his uncle and his uncle took him to court on just one occasion and the house was repossessed. My partner moved out and that was the end of that.
7 years later, my partner was contacted by the council for outstanding council tax to date for the same property. It turns out the uncle had tried to sell the house but couldn’t as my partner still owned it. His name is still on the deeds today. Apparently the uncle has been staying in the house but couldn’t do anything else with it. He may have been renting it out for a while, we are not entirely certain.
Advised by a solicitor, my partner changed the locks, the police were called and the uncle was denied access and was told by police to go back to his solicitor.
Where does my partner stand?He wants to add me to the deeds. I get a remortgage and pay the uncle off.
Can he add me without the uncles consent.
Can his uncle get house off him now?
There are legal fees my partner has to pay to his uncle and he intends to pay this off as well.
Thanks in advance
7 years later, my partner was contacted by the council for outstanding council tax to date for the same property. It turns out the uncle had tried to sell the house but couldn’t as my partner still owned it. His name is still on the deeds today. Apparently the uncle has been staying in the house but couldn’t do anything else with it. He may have been renting it out for a while, we are not entirely certain.
Advised by a solicitor, my partner changed the locks, the police were called and the uncle was denied access and was told by police to go back to his solicitor.
Where does my partner stand?He wants to add me to the deeds. I get a remortgage and pay the uncle off.
Can he add me without the uncles consent.
Can his uncle get house off him now?
There are legal fees my partner has to pay to his uncle and he intends to pay this off as well.
Thanks in advance
0
Comments
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7 years later, my partner was contacted by the council for outstanding council tax to date for the same property. It turns out the uncle had tried to sell the house but couldn!!!8217;t as my partner still owned it. His name is still on the deeds today. Apparently the uncle has been staying in the house but couldn!!!8217;t do anything else with it. He may have been renting it out for a while, we are not entirely certain.
Assuming England and Wales;
This is the sort of situation which causes various issues for council tax - especially if you're the party that doesn't have ready access to the property. It needs to be addressed with the council, in light of the financial issues which are apparent, that your partner may not be liable for the council tax charge for large periods of the time- especially so if the uncle was resident and your partner was not.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0
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