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Leasehold affected by charging order on freehold?

Re: Leasehold affected by charging order on freehold?

Postby dls » Sat Aug 05, 2017 3:46 pm

The terms of a standard charging order


How far do such terms extend beyond those on the face of the order?
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Re: Leasehold affected by charging order on freehold?

Postby atticus » Sat Aug 05, 2017 5:16 pm

Look at the CPR, whichever rule deals with charging orders. It will be an order charging the judgment debtor's interest in the asset with payment. Charging Orders Act may also help.

Sorry, I'm not in the UK at present.
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Re: Leasehold affected by charging order on freehold?

Postby dls » Sat Aug 05, 2017 5:52 pm

Charging Orders Act 1979.
OP needs to make sure at the very least that a copy of the court order creating the charge is placed with the deeds. That order may be taken as indicating that there are no further powers other than to say that any sale proceeds would be applied to repay the debt, and that in the case of continued failure to pay, the chargee can apply for the sale. However, I can se an argument for a chargee having power to restrict the grant of a new lease. For may freeholds, the value of the reversion would be minimal.

Another possibility is to discover from HMLR the conditions under which they would remove the note/restriction.

I suspect that further questions do need to be answered.
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