How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joshua Your Own Question

Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

What is the correct form and wording for registering a charge

Resolved Question:

What is the correct form and wording for registering a charge and or a restriction arising under the social care act 2001.
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I clarify are you a local government in house lawyer please or do you ask for another reason? The purpose of my question is that it would not be at all usual (if in deed possible) for a member of the public to register a statutory charge.

Customer:

I enquiring from a local authority (in-house lawyer) point of view.

Customer:

Please what is the answer to the question?

Joshua :

My apologies for the delay in reverting to you. I have been on an outside appointment with clients this morning. I am available however for the rest of the day. Could you tell me if the person against who the charge is to be made is the sole owner of the property or whether he owns the property jointly with someone else?

Customer:

Can you please provide answers for both scenarios.

Joshua :

No problem. If the property is owned jointly then the charge can only be registered as a beneficial charge under the provisions of s22 of the 1983 Act by registering a restriction in standard form MM, namely:


No disposition of the registered estate made after the death of [specify the name of the person whose beneficial interest under a beneficial joint tenancy is subject to a charge under section 22(1) of the Health and Social Services and Social Security Adjudications Act 1983], or after that person has become the sole proprietor of the registered estate, is to be registered unless—


(1) the disposition is by two or more persons who were registered as proprietors of the legal estate at the time of that person’s death,


(2) notice of a charge under section 22(1) or (6) of the Health and Social Services and Social Security Adjudications Act 1983 for the benefit of [name and address of the local authority] has been entered in the register or, where appropriate, such charge has been registered, or


(3) it is shown to the registrar’s satisfaction that no such charge is subsisting.

Joshua :

Obviously you will be aware that the restrictions is registered using form RX1
www.landregistry.gov.uk/_media/downloads/forms/RX1.pdf‎

Joshua :

In panel 13 of the RX1 form the local authority must state that no declaration has been made in respect of the residents interest in any other parcel of land.

Joshua :

If the person is the sole owner of the property the charge can be registered as a charge against the legal title. This can most simply be registered either using an agreed notice with the owner using form AN1 or if the owner will not or cannot agree using form UN1.

Joshua :

If you are using an agreed notice with the agreement of the owner or attorney then this can be registered together with a copy of the declaration of charge and the same declaration that no declaration has been made in respect of the residents interest in any other parcel of land.

Joshua :

If you are using the UN1 form without the agreement of the owner then you need to set out a conveyancers certificate in panel 13 detailing the Ac the charge is made under, the date of the charge, the name of the person whose interest is charged, the property charged and that no declaration has been made in respect of the residents interest in any other parcel of land.

Joshua :

Is there anything above I can clarify for you?

Joshua :

Is there anything else I can help you with?

Customer:

If there is a deffered payment agreement in place, can this suffice as the owners agreement? Also under what circumstances do you use an AP1 and/or CH1 form?

Joshua :

It is possible to register the charge as a registered charge as opposed to a notice. In either event the house cannot be sold without the councils consent. If the LA prefers it can register the charge as a registered charge if the property is solely owned and in this case you use form CH1 instead of AN1 or UN1.

Joshua :

An AP1 application is required for some applications in addition to one of the above forms. If an AP1 application is required to accompany the form the notes on the left hand side of the form confirm this.

Joshua :

Is there anything else I can help you with?

Customer:

Thank you for your assistance. Your answers are helpful.

Joshua :

A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know.

Customer:

Before you go, please clarify the position in relation to the deferred payment agreement.

Customer:

Should the declaration of charge be contained in the Deferred Payment agreement?

Joshua :

My understanding it is common practice for a local authority to include a provision in a deferred payment agreement giving consent for a charge to be placed on the property in question. I do not believe this is strictly necessary as the right to take a charge is contained in legislation however it seems to me a matter of good practice for the sake of an additional clause on the basis the agreement is to be signed. If it has already been signed and there is no such provision however I do not believe this is fatal because as above there is a right to take a charge under legislation

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Customer:

I am happy with your answers. Thank you very much.

Joshua :

Many thanks. If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice