charging a sole debt to joint property

[kaest65]

Hi I have a tenancy debt where I have been awarded judgement and an interim charging order against the debtor. I tried to register the charge using a AN1 (i have done so successfully in the past on sole property) but as the property is in joint names the land registry has refused my application.

I would like a charge rather than a restriction and I have read that the process includes the land registry changing ownership to tenancy in common and then registering the charge. The land registry has not been helpful in guiding me how to do this.

Any help gratefully received.

Thanks

Paul

[Jon66]

Have you read practice guidance 73 and 19?

[kaest65]

i have but its a bit confusing

[Jon66]

Ring the land registry again and ask if it's form K you need and whether you have to serve a SEV form with it. They are usually very helpful so it might just be you had someone who didn't know or was busy. Sometimes it's worth just hanging up and trying again!

[kaest65]

is a form K restriction as good as an equitable charge. Does a restriction prevent the property being sold or transferred unless I am paid?

[Lawcruncher]

is a form K restriction as good as an equitable charge. Does a restriction prevent the property being sold or transferred unless I am paid?

No and no. Here is a webpage which explains the position correctly: http://guildfordchambers.com/charging-order-works/

[Jon66]

It seems therefore that you need to complete form K, then at the final charging order hearing to request from the court the restriction as noted in the article referred to above. You need to be able to present a coherent argument to the court because they aren't to keen on going off piste without a lot of legal argument to back it up. Good luck.