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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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I have a debit to a business landlord of £37,000

Resolved Question:

I have a debit to a business landlord of £37,000 plus costs. He took Tomlin order out against my home. I was able to pay £4,000 off over several months but then could pay no more.
He got a CCJ for the balance plus costs.
He is now wanting to register a restriction against my home.
Should I let him do so? Can he or the County Court force me to sell my home to pay the debt?
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I am happy to help you today. Please bear with for a moment while I read your question carefully.
Expert:  Alice H replied 1 year ago.
Please clarify - is he applying for a restriction against the property (registered with Land Registry) or a charging order (processed by the Court)?
Customer: replied 1 year ago.
Hello Alice,
He is applying for a restriction against the property (registered with Land Registry). The Land Registry has sent my wife and I documents asking if we wish to consent to this.
Expert:  Alice H replied 1 year ago.
Thanks. The restriction is not a power of sale and the landlord cannot force you out of your property. The restriction means the landlord will be notified of any dealing on the property e.g. If you decide to sell and move. You do not have to consent to the restriction and if you do not agree the LR has to decide whether to register the restriction or not. Obviously this would mean putting forward arguable grounds against a restriction - it may be difficult to do where judgment has been entered against you. Usually the landlord would apply for a charging order on the property - this can lead to an order for sale if the debt is not paid and, unless there are good grounds to oppose the order, the property could be sold to settle the judgment.
Customer: replied 1 year ago.
Thank you for the detailed and easy to understand answer. As the landlord has got a CCJ against me for the debt would he be able to ask the court to grant a charging order to force a sale of the house? (I have a notice from Dartford court saying that a hearing is to be held on 1st March to decide whether or not to take action on it).
Expert:  Alice H replied 1 year ago.
The charging order application has a two step process. First he will have to apply for an interim charging order which is done on paper. Second there is a hearing (I assume it to be 1st March) for the final order. You can oppose the charging order on a wide variety of grounds e.g. the original debt was not secured against the property, the debt is small compared to the value of the property, it would be disproportionate to make an order etc. If the Judge accepts those argument the order will not be made. However, if the order is made (or not opposed) the next step is for the landlord to seek an order for sale. Again, it's not something that's rubber stamped and can be opposed, but once a charging order is made getting an order for sale is not too difficult.
Alice H and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Alice your advice is superb. Thank you. I will be there on the 1st March and oppose.A 5* rating is on its way to you.Richard
Expert:  Alice H replied 1 year ago.
You are most welcome and thank you for your kind words. Alice :)