How to register two charging orders against the two joint owners of a property

I made a claim against the two joint owners of a property.

I received two Notices of Issue from the Civil National Business Centre for each of them with the same claim number. Hence, there is only one claim.

Hence, I made an application for default judgment for each of them so two applications using the two Notice of Issues.

I received two judgments in my favour one for each of them.

I enforced each of these two judgments by filing two N379 forms for a charging order.

I received two charging orders with two different numbers for each of them.

Now I have to register these two charging orders to the Land Registry.

I have read that I can either request a ‘notice’ or a ‘restriction’ to be added to the title register to protect my interests.

I have read that a ‘notice’ cannot be obtained if the charging order is only against one joint-owner and the debt is only against this joint-owner, however; concerning my case the debt is against the two joint-owners but I have two separate charging order against the two joint owners within the same claim.

I would like to know if tin his circumstance I can request a ‘notice’ or maybe two ‘notices’ one for each charging orders to be inserted in the Title Registry of this property or I can request only a ‘restriction’.

I would like to know how to explain the situation to the Land Registry in my covering letter so that my application is not rejected by it.

I would like also to know if I have to send to the Land Registry one or two UN1 forms because I have two charging order
 

I think that we can have a charging order only against one judgment debtor so it is normal that in my case there are two charging orders, one for each of the two judgment debtors who are the joint owners of the property.

Usually, if there are two joint owners we can insert in the Title Register only a ‘restriction’ and not a ‘notice’ concerning a charging order because usually the other joint owner is not a judgment debtor, however; in my case both joint owners are judgment debtors and I have a charging order against each of them.

Hence, in this circumstance I would like to know if I can request the Land Registry to insert in the Title Registry of the property a ‘notice’ for each charging order and not only a ‘restriction’.
 

Roberto - if you have two separate orders then it's two separate form K restrictions but you can use a single form RX1 to apply for both. See PG 76 and specifically the accompany algorithms for assistance - Charging orders (PG76) - GOV.UK
I know you have quoted from the guide already but if you remain unsure on how best to protect the two orders on the register then please do seek legal advice 

I would like to know if I want to try to get a notice inserted in the title registry of the Land Registry instead of only a restriction if I can use only one UN1 form or two

I would like to know if I would have to ask to have one notice inserted only or two because I have two charging orders

I would like to explain that I am in a special situation because the guidance of the Land Registry says that when a charging order is against only a joint owner of a property and the other joint owner is not a judgment debtor we can ask only to have a ‘restriction’ and not a ‘notice’ be inserted in the title registry of the property, However; in my case I have two charging orders, one against each of the two joint owners of the property who both are judgment debtors

Roberto - as the PG 76 and Algorithms explain if you have a charging order against one of joint owners then a form K restriction is the available protection. And if you have 2 separate orders, one against each owner, then you can apply using a single form RX1 for two form K restrictions, one for each order.
A Unilateral Notice would not be an option in your scenario but please do seek legal advice to understand both the order/debt and how such protection on the land register impacts

I would like to know if I can make at the same time an application for notices and for restrictions k so that if my application for notices failed my applications for restrictions k can succeed to avoid that my applications are not sent back to me by the Land Registry what would cause delays.

You say that I can use the same RX1 form to request two restrictions k one for each of the two charging orders, I would like to know if I can use also the same UN1 form to request two notices one for each of the two charging Orders.

I think that the information in the Land Registry like the algorithms are for guidance only so I would like to know which  section of the Land Registry Act or other legislations regulate this issue so that I investigate it especially that my case is special because there are two joint owners of the property but they are both judgment debtors and I have a charging order against each of them
 

I found the following in the Internet:

“If you have joint ownership of your property with someone and the debt is in both your names, the court can make a charging order on the whole property. If the debt is only in your name and the property is in joint names, the court can only make a charging order on the share of the property you own”

Does this mean that to have two charging orders one against each judgment debtors who both own the property is equivalent to have a charging order against the whole property and in this case I can have a notice?

 

Roberto - no. You state that you have two separate charging orders, one against each individual joint owner. Please do refer to PG 76 and the algorithms and get legal advice

Irrespectively of what can tell me a lawyer at the end it will be the Land Registry which will decides case by case.

It is why I would like to know if I can make at the same time an application for a notice and an application for a restriction.

I have two charging orders one against each of the two joint-owners and I would like to know also if we can have a charging order against more than one debtor. Hence, I would like to know if to have a notice instead of a restriction I have to ask the court to consolidate the two charging orders into one

The other question is why the court has issued two charging orders instead of only one knowing that both defendants are judgment debtors and joint owners of the same property.

It is why I would like to do my own search to look myself also for the answer to these questions. I have looked in the Land Registry Act 2002 but when I search the term notice I found more than 100 entries. Hence, I need to know which section of this act deals with this issue

 

Roberto - as already explained if you have individual charging orders against individual joint owners then it is a form RX1 and an application for a form K restriction to cover both orders.
There is no Notice option as explained in PG 67 and the linked algorithms
As to why the court has issued separate orders you would need to either ask the court or discuss with whoever made the application(s) to the court. We have no role to play in such an application.
All of the guidance, including the legislation linked to such matters, is provided in PG 76 - for example section 1 explains quite clearly the difference between a charging order that enables a Notice to be registered and one that allows a Restriction instead.
If you are trying to do your own research, and without legal advice, I would recommend you start with the Charging Orders Act and assess what impact such an order has on a debtor. Then look at how their owning a property impacts. And how then to protect the interest created on the land register and crucially what impact that may have also.
 

I have looked into the Charging Order Act 1979 as you recommended me and I found out that Section 2(1)(b) says:

"b) any interest held by a person as trustee of a trust (“the trust”), if the interest is in such an asset or is an interest under another trust and—


(i) the judgment or order in respect of which a charge is to be imposed was made against that person as trustee of the trust, or


(ii) the whole beneficial interest under the trust is held by the debtor unencumbered and for his own benefit, or

(iii)in a case where there are two or more debtors all of whom are liable to the creditor for the same debt, they together hold the whole beneficial interest under the trust unencumbered and for their own benefit."




It seems to me that Section 2(1)(b)(iii) which says:

“(iii)in a case where there are two or more debtors all of whom are liable to the creditor for the same debt, they together hold the whole beneficial interest under the trust unencumbered and for their own benefit”


Means that the fact that I have a charging order against each of the two joint owners who are both judgment debtors gives me the right to request for a notice to be inserted in the title register.

I would like to know if I am right?
 

Roberto - you will need to ask your Q of a legal adviser who can assist with interpreting the law and advise you on whether you are right or not. We can't answer your Q

The information I provided to you in my previous post come from a legal adviser but I need confirmation from the Land Registry

Roberto - we don't provide legal advice on such legislation.
If you want to apply to register a Notice then please refer to PG 76 and make an application. 
We only provide factual information and impartial advice about our procedures. Read more about the advice we give.
Your application will be considered based on the submitted form and supporting evidence as appropriate.

I do not ask you for  legal advice because legal advice concerns a particular case and I have not provided to you information about the parties to my case.

What I ask you is a clarification about the guidance of the Land Registry because there could be mistakes in them and this could also be useful to other people

 

Roberto - we provide the guidance we can in the form of PG 76. You have referred to other legislation and advice provided by a legal rep - we don't provide legal advice or confirmation re hypothetical scenarios or confirmation of a legal opinion. That is not our role.
The guidance provide in PG 76 is clear. There are no mistakes and it is guidance only.
I would again recommend you seek legal advice to get the clarity you crave

You say that the Land Registry will register  only a restriction in the title register of the property because I have two charging orders one against each of the two joint owners of the property

I would like to know if I obtain from the court a charging order against the two joint-owners would the Land Registry in this condition accept to register a notice in the title register of this property

Roberto - if you obtain a charging order against both registered owners then you can apply to register a Notice to protect that charging order as explained in PG 76

I would like to know if I get two restrictions one for each of my two charging orders against each of the two joint owners, if I can get also a notice  if I get a charging order against both Joint owners.

Hence, I would like to know if I can get two restrictions and one notice inserted in the title registre