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LegalNinja
LegalNinja, Property Solicitor
Category: Property Law
Satisfied Customers: 358
Experience:  Solicitor
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Can i put a charge against a uk property when the owner

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can i put a charge against a uk property when the owner lives in Australia?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No, as a ccj can only be registered against UK residents.
JA: Where is the property located?
Customer: Dorset
JA: Anything else you want the Lawyer to know before I connect you?
Customer: We are tenants who have had issues with the owner/landlord and it now seems that HMRC will be persuing him for unpaid tax and this property is now his only UK asset, we run a business from the property and could loose everything

Hello,

 

 

Yes you can apply for a charging order against the property.

Customer: replied 11 days ago.
Do you have to get a ccj first

This is the form you will need to complete and submit to Court with the relevant fee:

 

https://www.gov.uk/government/publications/form-n379-application-for-charging-order-on-land-cpr-part-73

Yes, you will require a CCJ first.

Is there anything else I can clarify for you?

Customer: replied 11 days ago.
I looked on the.gov site and it said can only be used for UK residents

What can be used for UK residents?

You mean claim against UK residents? No not necessarily. English proceedings can be served on a Defendant outside of England and Wales. Permission from the Court is required to serve proceedings outside of the jurisdiction.

Customer: replied 11 days ago.
I need to think about how much I spend as I have already spent over £2k with solicitors and got no where please accept my hesitation I know you’re professionaliam is at a cost

I completely understand. Is there anything else I can clarify?

Customer: replied 11 days ago.
I will contact again when I have done sum more research thank you for today

It's a pleasure.

 

 

 

 

 

 

 

 

 

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All the best.

 

 

 

 

 

 

 

 

 

 

 

-LN

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