What is an equitable charge? Can I still be tennant?

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  • What is an equitable charge? Can I still be tennant?

    I have done a search on a house I wish to rent and it mentions an equitable charge in August 2006.

    The full text is:

    (31.08.2006) Equitable charge created by a final charging order order
    of the West London County Court dated 7 August 2006 in favour of London
    Borough of Hammersmith and Fulham
    Shall I ring the council to get more information? Will this effect me being a tennant there?


    Thanks

  • #2
    Originally posted by TimJBart View Post
    I have done a search on a house I wish to rent and it mentions an equitable charge in August 2006.

    The full text is:



    Shall I ring the council to get more information? Will this effect me being a tennant there?


    Thanks
    An equitable charge is similar to a mortgage. It shows that someone has registered an entry to protect its rights to claim a debt from the property owner. The LBC is presumably a creditor of the owner who is to be your landlord.
    Is the entry registered at:
    a. HM Land Registry;
    b. the Land Charges Registry in Plymouth; or
    c. the Council's own Local Land Charges Department?
    In cases a and b, contact the Registry for a copy of the registration. Send pm to me, with your telephone number, if you need help on this.
    In case c, contact the LBC direct.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


    • #3
      It says at the top that it is dealt with by Land Registry, Birkenhead Office,

      but above the registry it says HAMMERSMITH AND FULHAM

      So which do I contact?

      Comment


      • #4
        Originally posted by TimJBart View Post
        It says at the top that it is dealt with by Land Registry, Birkenhead Office,

        but above the registry it says HAMMERSMITH AND FULHAM

        So which do I contact?
        1. Contact HMLR at Birkenhead or via www.
        2. Hammersmith and Fulham LBC is the local authority. It is the property-owner's creditor and it therefore registered the entry against his property.
        3. HMLR registration details always mention the County/District, LBC, or "Administrative Area" as a cross-reference. That is probably why HMLR shows the H&F details.
        4. Going back to original query, it's best to resolve this problem before you sign Tenancy Agreement. If H&F ever exercised a power to obtain possession against your L, that could lead to you being turfed out.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


        • #5
          OK, thank you.

          I rang the council and the problem is council tax arrears.

          As the order has been in place since August, how likely is it that the council would enforce the sale of the property within the next 6 months (as our contract will only be 6 months!)

          Comment


          • #6
            Originally posted by TimJBart View Post
            OK, thank you.

            I rang the council and the problem is council tax arrears.

            As the order has been in place since August, how likely is it that the council would enforce the sale of the property within the next 6 months (as our contract will only be 6 months!)
            Question best addressed to H&F! You know what local authorities are like...
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


            • #7
              well I tried to push him on it, and he just said there is no plans to action on it at the moment, but he couldn't give me any kind of timescale either way.

              He did raise the issue that if the landlord owes council tax, what is the guarantee we'll get our deposit back ( even though he has told us the deposit scheme he is placing it in )

              Comment

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