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

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I made a claim against my landlord and my landlady because both are joint owners of their 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 orders

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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’.

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I would like to know if a charging order is discharged when it is paid and not when the restriction is removed. Hence, the question is if the property is sold will the new owner “inherit” the charging order and the beneficial interest which is charged will pass to him. And, as a consequence the judgment creditor will be able to enforce the charging order on the new owner

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I do not think that a charging order disappear into thin air only because a restriction k is removed because it is a secure debt. I think that a charging order disappears when it is discharged i.e. when it is paid and not when the property is sold.

I think that the creditors can make another application to register another restriction k so that the new owner has to informed him if he sells his house

I think that I have understood the problem which is that the purchaser should be made aware of the existence of a charging order on the property.

If there is notice in the title register the purchaser will be aware because of the notice.

If there is a restriction k it should be aware of this charging order because this restriction and because the lawyer informing the creditor of the intention to sell the property will be aware of this charging order.

Moreover, the creditor when according to the restriction k will be made aware of the intention to sell the property, he can inform the purchaser that there is a charging order in the property. It is possible that this is one of the purposes of a restriction k.

If I have well understood a restriction is superior to a notice because with a notice the creditor will not be made aware of the intention to sale the property.