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Peter Collins
Peter Collins,
Category: Property Law
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Experience:  Barrister at Self Employed
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Can I put a charge (request to have rights) over a estate

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Can I put a charge (request to have rights) over a estate that a debtor of mine has inherited? (my tenant didnt pay for a year and he owes me 30k. I have a court order from 4 years ago for that. He didnt have any money up until now that his mum passed away and he benefits from her estate) Can I have a claim on that so that when the house is sold I can recover my money?
JA: Since estate law varies from place to place, can you tell me where this is?
Customer: Wimbledon
JA: What documents or supporting evidence do you have?
Customer: Court order
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no, that is it
Customer: replied 6 days ago.
File attached (QL61535)
Customer: replied 6 days ago.
The name of my tenant is ***** *****ddiard. Himself and his two sisters are also beneficiaries of a trust with Rathbones. It was created when his dad past away and was for the use of the mum and any money left for the children. Please see attached the trust statement as of feb 2018. Michael is around 80 years old and unwell. Therefore I would like to secure my money asap. Thanks for your advise.

Hello, my name is ***** ***** I’ll do my best to assist you today and I’m sorry that you are going through this.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

The short answer is yes, you can.

If you have the court order already with judgment in your favour, you can apply to register this as a share on his property, the application form to do so is here:

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

Once the charge is registered, you could then apply for an order for sale if necessary.

I hope that this answers your question?

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

Customer: replied 6 days ago.
Thank you. that is great and quite reasuring. Yes, I have a "couple" of follow up questions please: (1) I am at the moment receiving the Universal Credit. Is there a government office where I can go for help (free of charge or with a fee) to receive advice in order to complete the form and make sure it is done correctly, or even to be given priority given my pressing circumstances?. (2) Is there an equivalent form I could use to put a charge on the trust i mentioned on my initial question? as I supose, a trust has more liquidity. (3) is the "order for posession" from 21.03.2016, attached to my first email, enough proof to use in the "application for charging order on land". (4) Can I add interest on the debt? since he hasnt paid for 5 years. what would be an acceptable interestrate to charge? (5) I have his mobile number, but I do not know his current address or that of his mothers house and they ask for that information in the form. Shall I just try to get that information from him? or is there a recourse I can use to force him to give the information.
just to make sure I was clear, he doesnt own the house... it belongs to his deceased mom and he will receive a share once it is sold. I spoke today with him and he said the house is in the market already, so I want to move fast. (6) is there any other element you think I should consider? I truly apreciate your help.

Happy to assist.

1. The Citizen's Advice Bureau is the place for free advice and assistance in this regard.

2. You could, I think, consider a claim against the estate but only if probate has not completed - though this particular point is a little outside my specific expertise. You can always ask this as a new question of course, a colleague will assist.

3. Yes as I understand this order is sufficient evidence of the debt.

4. Interest is included in the debt - accruing at the rate of £96.43 per day, but this amounts to some £140,000 now at that rate - which far surpasses the debt! I'm not confident you would be awarded that amount of interest but that's your starting point.

5. I would suggest you try to get address details if you can.

6. Not in relation to this debt.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter

Customer: replied 5 days ago.
Great thanks Mister Collins1. You think it is a good move to contact the Citizens Advice Bureau ? or better to go privately? or if I complete the form by myself, it should be straight forward?
2. I would think the probate has completed since the flat is in the market already. Would you agree?
2. I was probably not clear on my question earlier. Besides the house now on sale, Michael is beneficiary of a trust since 20 years ago (see the trust statement attached). I think it will be a good idea to put a charge on the trust. The trust was created by his dad and it was for the mom and all children (Michael being one of the children). But for the mom exclusive use up until her debt. is there an application document - form I can use to put a charge on that trust. it is currently managed by Rathbones
Customer: replied 5 days ago.
3. I had understood that £96,43 was a daily rate for the days they stayed extra in the flat after the day of the order for posession.

Ok - on the interest point it would be 8% on the debt per annum. That's the standard court rate if not specified.

I can't speculate as two whether probate has completed or not.

In regards ***** ***** a claim on trust assets, please post this as a new question, as it is a specific point which is outside the remit of the original question! Thank you for visiting JustAnswer.

Kind regards, Peter

Peter Collins and 2 other Property Law Specialists are ready to help you
Customer: replied 4 days ago.
fantastic, many thanks. your help and clarity was fantastic