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Land Registry: Charge against the house Local Authority

22 replies

needabiggerhouse · 16/06/2020 22:50

I need to apply to the Land Registry to have my deceased parents' names [1991 and 2007] removed from the register leaving me as the named sole owner on the deeds. We previously had a joint tenancy when house purchased in 1985.
Will the Land Registry remove their names even though there is a charge against the property in relation to my late Father's care home fees [which I am still disputing as feel he was entitled to NHS Continuing Care]. Scoured the internet but can't see a similar case!
If their names can be removed, what will happen to the charge given it refers to my Father?
Very grateful if any site users can share advice from similar situation. Thank you

OP posts:
Collaborate · 17/06/2020 08:09

Yes, but the charge will remain.

needabiggerhouse · 17/06/2020 08:38

Collaborate - thank you for your response.
I'll do that first and also ask for sight of the 'charge' as all I have is Form RX1 in which Panel 13 refers to 'Document 1' which is in fact a plain piece of A4 paper headed up with S22 of Health & Social Security Act detailing the interest. Not sure if this is the 'charge'? There's no court reference number and the court is not named so I'm trying to establish [from LR] whether this is an interim application or a final charge and if the latter, what are the court details etc.

OP posts:
Collaborate · 17/06/2020 09:44

I suggest you instruct a conveyancing solicitor.

needabiggerhouse · 17/06/2020 11:59

Collaborate - Thanks for your message. I am trying to sort as much out as possible before I involve a conveyancing solicitor as trying to keep the costs down. I imagine it's cheaper for me to have the deeds amended etc. Hopefully LR will be able to clarify the above points too to save the CS having to unpick.

OP posts:
Collaborate · 17/06/2020 13:36

It's not going to be cheaper to be honest. All you're going to do is come at them with a half-baked plan that they'll have to assess, when if it's their bread and butter stuff they deal with all the time they should be able to tell you within a minute what you need.

needabiggerhouse · 17/06/2020 14:16

Collaborate
So is there a particular type of conveyancing solicitor that I need?
I do plan on using a conveyancing firm when I sell the property but my understanding from the LR is I just need to send in the DJP form together with certified death certificates to have my parents' names removed from the deeds. That would be one less [chargeable] task for the CS to discharge.
Thanks

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Collaborate · 17/06/2020 23:25

Any will do. It's simple stuff, which is why you're overthinking it. You just tell them to do as much as you need them to do, and you do the rest.

Familylawsolicitor · 18/06/2020 07:25

This reply has been deleted

Message withdrawn at poster's request.

Fleurchamp · 18/06/2020 07:30

Do you have a Grant of Probate for the second of your parents that passed away? The LR will take the name of the first deceased off with form DJP but they will need form AS1 and a Grant of Probate for the second deceased to register it in your name. You don't need to update the register before selling the property.
The charge will remain until you resolve the issue with the LA.

SoloMummy · 18/06/2020 07:44

We're you a joint owner when your father received care?

Fleurchamp · 18/06/2020 07:50

@SoloMummy

We're you a joint owner when your father received care?
Ah! I didn't think of this - sorry, just waking up.
TumbledGlass · 18/06/2020 08:04

I'm interested in this OP, as I am also currently arguing that my late father should have had CHC.

needabiggerhouse · 18/06/2020 09:36

Thanks Collaborate, the reason why I thought I'd go down this route of removing deceased parents' names first as when I made tentative enquiries earlier at point of sale the solicitors implied it was very complicated and would add considerably to the conveyancing costs.

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needabiggerhouse · 18/06/2020 09:37

Familylawsolicitor - thanks for your response. As per my response to Collaborate, earlier indications from the solicitors was this was complicated and would cost a lot more on top of usual conveyancing costs, hence my proposed route, to remove the names first.

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needabiggerhouse · 18/06/2020 09:53

Fleurchamp - thanks for your response.
Yes I was a joint owner. We three bought in the 1980s. I wasn't aware DJP wouldn't do the trick for both parents so thanks for that.

I don't have Grant of Probate for my late Father as he was in a care home with vascular dementia and died without a will. I believe he was entitled to NHS CC but his half of our ex-council house took him marginally over the £23,500 limit and the council wouldn't accept his beneficial interest should be disregarded as we couldn't find a 'willing buyer' for his half.
So no probate to 'act' as such yet liable for everything. Catch-22 with the LA who continued to demand this and other paperwork I didn't have while I was dealing with the NHS CC claim whilst pushing me for payment.
Last time I heard from Finance Dept. of LA was 2009 and I responded I was continuing my NHS CC claim. Last time I liaised with LA was 2015 I think when I did yet another claim /IRP under the new rules.
Result of 2019 SAR with LA did not reveal any invoices/bills due with Finance Dept. either.
I was just trying to tidy up some of the paperwork before I sell as having a charge on the property may put off potential buyers?
Thanks all for your input.

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needabiggerhouse · 18/06/2020 09:58

Tumbled Glass
I sympathise - my claim has been ongoing since 2007 and it has been very distressing. I have had to shelve it for periods due to other things going on and then have to revisit and re-open old wounds. Father served in WW2 and worked all his life, never claimed any thing from the state and scrimped and saved and the LA didn't take into consideration the fact that although we were joint tenants I'd put in considerably more into the property to make it more comfortable for them both in their later years, i.e. stairlift, downstairs facilities etc. I thought they should have disregarded his half of the property for those reasons I know some LAs have done so.
Feel free to PM although given I've not resolved the issue to date I may only be able to offer tea and sympathy!

OP posts:
needabiggerhouse · 18/06/2020 09:58

Solomummy - I was indeed.

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TumbledGlass · 18/06/2020 11:52

2007! Mine's only been 18 months and that's long enough.
My experience of CHC has been awful, it's literally kept me awake at night. I'm not backing down though, my dad deserved to be treated with respect, he didn't ask to get dementia.
Best of luck to you.

Fleurchamp · 18/06/2020 15:23

Sorry - if you were joint owner as joint tenants then form DJP for each parent will be enough. You really don't need to do it before sale though.
13 YEARS!!! Shock

SoloMummy · 18/06/2020 15:36

Have you contacted beacon regarding the chc?
I would also look at the appeals for disregarding by other Las. Google is full of such examples and court cases.

DollyPomPoms · 19/06/2020 12:13

You really don’t need to do this before a sale. I am a conveyancer and would do all this at the point of sale. I wouldn’t charge extra for it but I would charge to discharge the LA charge.

needabiggerhouse · 19/06/2020 15:42

DollyPomPoms
Thanks for your message. Good to know you wouldn't charge for this and do it at point of sale.
I do however have to obtain certified copies of the death certificates [1990 & 2007] so I thought I might just send in with 2 x DJPs as it's one less job to deal with.
As a matter of interest can you say how much extra it would cost to discharge the LA charge? or what it involves.
I've no idea what it is [last invoice 2009 from Finance Dept./last correspondence with LA in 2014/15 regarding my IRP] and as I say disclosure in recent SAR did not show any monies/correspondence relating to me.
Thank you.

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