Putting a Charging Order on a Property for Unpaid Rent

drumlinruby

Hello all,
We rented our house out when we went travelling. A lady rented it & has since moved out, but 2 years later & despite numerous promises she hasn't paid any of the arrears (over £3k). As a way to encourage her to reply to us & our suggestions for a repayment plan, we started proceedings in the small claims court.   Unfortunately, this hasn't worked & so subsequently the Court awarded in our favour. She owns a property about 20 minutes away from us & this is owned in her sole name.  We visited the property & reported to the Court that the property appeared empty of possessions so the Court advised that it was not worth us instructing bailiffs but that we could put a restriction on the property with the Land Registry, so that if in the future she sold the property, we would be able to claim the money owed to us from the sale proceeds. 
We wrote to the Land Registry & provided them with the Charging Order & details relating to the property. They have written back & said that we need to complete a form & referred us to HM Land Registry Practice Guide 76, Algorithm 1: Sole Proprietor Registered.  This flow chart said 'An Agreed or Unilateral Notice' could be entered onto the property register. But doesn't tell us which form to use??  Could anyone point us in the right direction please?? I think I have narrowed it down to either a RX1 or a UN1...but this may be wrong!! Thank you all for any suggestions!!

Comms69

drumlinruby said:

Hello all,
We rented our house out when we went travelling. A lady rented it & has since moved out, but 2 years later & despite numerous promises she hasn't paid any of the arrears (over £3k). As a way to encourage her to reply to us & our suggestions for a repayment plan, we started proceedings in the small claims court.   Unfortunately, this hasn't worked & so subsequently the Court awarded in our favour. - So it worked perfectly? Sorry bit confused by that sentence

She owns a property about 20 minutes away from us & this is owned in her sole name.  We visited the property & reported to the Court that the property appeared empty of possessions so the Court advised that it was not worth us instructing bailiffs but that we could put a restriction on the property with the Land Registry, so that if in the future she sold the property, we would be able to claim the money owed to us from the sale proceeds.  - yes that's possible
We wrote to the Land Registry & provided them with the Charging Order & details relating to the property. They have written back & said that we need to complete a form & referred us to HM Land Registry Practice Guide 76, Algorithm 1: Sole Proprietor Registered.  This flow chart said 'An Agreed or Unilateral Notice' could be entered onto the property register. But doesn't tell us which form to use??  Could anyone point us in the right direction please?? I think I have narrowed it down to either a RX1 or a UN1...but this may be wrong!! Thank you all for any suggestions!!

Unilateral route is the one you're after. But also remember that she now has a CCJ and i dont think you've really pursued that properly yet. if she has a car for example that would be much quicker way to be paid. 

greatcrested

Comms69 said:

drumlinruby said:

Hello all,
We rented our house out when we went travelling. A lady rented it & has since moved out, but 2 years later & despite numerous promises she hasn't paid any of the arrears (over £3k). As a way to encourage her to reply to us & our suggestions for a repayment plan, we started proceedings in the small claims court.   Unfortunately, this hasn't worked & so subsequently the Court awarded in our favour. - So it worked perfectly? Sorry bit confused by that sentence

She owns a property about 20 minutes away from us & this is owned in her sole name.  We visited the property & reported to the Court that the property appeared empty of possessions so the Court advised that it was not worth us instructing bailiffs but that we could put a restriction on the property with the Land Registry, so that if in the future she sold the property, we would be able to claim the money owed to us from the sale proceeds.  - yes that's possible
We wrote to the Land Registry & provided them with the Charging Order & details relating to the property. They have written back & said that we need to complete a form & referred us to HM Land Registry Practice Guide 76, Algorithm 1: Sole Proprietor Registered.  This flow chart said 'An Agreed or Unilateral Notice' could be entered onto the property register. But doesn't tell us which form to use??  Could anyone point us in the right direction please?? I think I have narrowed it down to either a RX1 or a UN1...but this may be wrong!! Thank you all for any suggestions!!

Unilateral route is the one you're after. But also remember that she now has a CCJ and i dont think you've really pursued that properly yet. if she has a car for example that would be much quicker way to be paid. 

OP said the property is empty so I'm guessing doesn't know how to find her - a prereqisite for taking the car (or TV etc)!

Hence the Charging Order.

I believe you'll need

* AP1 application

* UN1 unilateral notice

* ID1 (identity (probably)

though I may be wrong....

https://www.gov.uk/government/publications/unilateral-notice-application-to-enter-un1

edit: did you read PG 76?

For more information about the effect of an agreed or unilateral notice or a restriction and how to apply for their entry or their removal see practice guide 19: notices, restrictions and the protection of third party interests in the register.

We will need only certified copies of deeds or documents you send to us with HM Land Registry applications. Once we have made a scanned copy of the documents you send to us, they will be destroyed. This applies to both originals and certified copies.

drumlinruby

Comms69 said:

drumlinruby said:

Hello all,
We rented our house out when we went travelling. A lady rented it & has since moved out, but 2 years later & despite numerous promises she hasn't paid any of the arrears (over £3k). As a way to encourage her to reply to us & our suggestions for a repayment plan, we started proceedings in the small claims court.   Unfortunately, this hasn't worked & so subsequently the Court awarded in our favour. - So it worked perfectly? Sorry bit confused by that sentence  - Response... We were hoping the arrival of a Court letter might encourage her to pick the phone or email us to discuss honouring the repayment plan she had suggested or accepting our offer of paying off half the debt in one go in full & final settlement. This didn't  work so yes, it worked perfectly in that the Court awarded in our favour so that was good but course for her, it means the original debt is now mounting up. 
She owns a property about 20 minutes away from us & this is owned in her sole name.  We visited the property & reported to the Court that the property appeared empty of possessions so the Court advised that it was not worth us instructing bailiffs but that we could put a restriction on the property with the Land Registry, so that if in the future she sold the property, we would be able to claim the money owed to us from the sale proceeds.  - yes that's possible  Response... Thank you. 
We wrote to the Land Registry & provided them with the Charging Order & details relating to the property. They have written back & said that we need to complete a form & referred us to HM Land Registry Practice Guide 76, Algorithm 1: Sole Proprietor Registered.  This flow chart said 'An Agreed or Unilateral Notice' could be entered onto the property register. But doesn't tell us which form to use??  Could anyone point us in the right direction please?? I think I have narrowed it down to either a RX1 or a UN1...but this may be wrong!! Thank you all for any suggestions!!

Unilateral route is the one you're after. But also remember that she now has a CCJ and i dont think you've really pursued that properly yet. if she has a car for example that would be much quicker way to be paid. 
RESPONSE.... She had a hire car & an old car that we saw being towed away for scrap. The furniture/television, etc that we saw in the property we do not think would amount to enough to cover the costs of instructing bailiffs. 

Thank you!!  I have responded to your queries above. It's just unfortunate it has got this far when we think we have been very fair to the tenant. 

drumlinruby

greatcrested said:

Comms69 said:

drumlinruby said:

Hello all,
We rented our house out when we went travelling. A lady rented it & has since moved out, but 2 years later & despite numerous promises she hasn't paid any of the arrears (over £3k). As a way to encourage her to reply to us & our suggestions for a repayment plan, we started proceedings in the small claims court.   Unfortunately, this hasn't worked & so subsequently the Court awarded in our favour. - So it worked perfectly? Sorry bit confused by that sentence

She owns a property about 20 minutes away from us & this is owned in her sole name.  We visited the property & reported to the Court that the property appeared empty of possessions so the Court advised that it was not worth us instructing bailiffs but that we could put a restriction on the property with the Land Registry, so that if in the future she sold the property, we would be able to claim the money owed to us from the sale proceeds.  - yes that's possible
We wrote to the Land Registry & provided them with the Charging Order & details relating to the property. They have written back & said that we need to complete a form & referred us to HM Land Registry Practice Guide 76, Algorithm 1: Sole Proprietor Registered.  This flow chart said 'An Agreed or Unilateral Notice' could be entered onto the property register. But doesn't tell us which form to use??  Could anyone point us in the right direction please?? I think I have narrowed it down to either a RX1 or a UN1...but this may be wrong!! Thank you all for any suggestions!!

Unilateral route is the one you're after. But also remember that she now has a CCJ and i dont think you've really pursued that properly yet. if she has a car for example that would be much quicker way to be paid. 

OP said the property is empty so I'm guessing doesn't know how to find her - a prereqisite for taking the car (or TV etc)!

Hence the Charging Order.

I believe you'll need

* AP1 application

* UN1 unilateral notice

* ID1 (identity (probably)

though I may be wrong....

https://www.gov.uk/government/publications/unilateral-notice-application-to-enter-un1

edit: did you read PG 76?

For more information about the effect of an agreed or unilateral notice or a restriction and how to apply for their entry or their removal see practice guide 19: notices, restrictions and the protection of third party interests in the register.

We will need only certified copies of deeds or documents you send to us with HM Land Registry applications. Once we have made a scanned copy of the documents you send to us, they will be destroyed. This applies to both originals and certified copies.

Thank you ever so much. That's really helpful, especially the link to the LR gov page. Bit of light reading for my Sunday evening!!
Thanks again. 

Awakeatlast

drumlinruby said:

Hello all,
We rented our house out when we went travelling. A lady rented it & has since moved out, but 2 years later & despite numerous promises she hasn't paid any of the arrears (over £3k). As a way to encourage her to reply to us & our suggestions for a repayment plan, we started proceedings in the small claims court.   Unfortunately, this hasn't worked & so subsequently the Court awarded in our favour. She owns a property about 20 minutes away from us & this is owned in her sole name.  We visited the property & reported to the Court that the property appeared empty of possessions so the Court advised that it was not worth us instructing bailiffs but that we could put a restriction on the property with the Land Registry, so that if in the future she sold the property, we would be able to claim the money owed to us from the sale proceeds. 
We wrote to the Land Registry & provided them with the Charging Order & details relating to the property. They have written back & said that we need to complete a form & referred us to HM Land Registry Practice Guide 76, Algorithm 1: Sole Proprietor Registered.  This flow chart said 'An Agreed or Unilateral Notice' could be entered onto the property register. But doesn't tell us which form to use??  Could anyone point us in the right direction please?? I think I have narrowed it down to either a RX1 or a UN1...but this may be wrong!! Thank you all for any suggestions!!

A restriction order is, in my humble opinion, not worth the paper it is written on. All an incoming purchaser needs to do is inform you that they are buying the property. When the transaction occurs the title will be changed and due to "over-reaching" the restriction order will be removed from the title.
AaL