Rented flat flooded with waste water

[trover]

Find one that does not seem to be heavily charged. Start by looking at the charges register on the Companies House file for this company.

Thanks, I have sent the application to LR. In the meantime, I am preparing the N379 form, but I have a few questions:

In section 5, do I select the ltd as the sole owner, even if the property is still under mortgage?

Section 6 requires me to provide the details of other creditors. From the companies house I see that a bank has a charge for all three properties on the ltd, presumably mortgage, but no amount is mentioned.

I could however see that they have six figures of liabilities in their financial statements, but I have no way to prove that all belonged to the bank.

Section 7 relates to the interest of other persons. The only one I can think of is the current tenant, if any, but I have no way of knowing their names.

Section 8 allows me to provide further information, do I insert the fact that the ltd is a shell company, so other ways of enforcement such as warrant of control are infeasible, supplemented with the reason for not attempting TPDO, and they ignored all communications throughout?

And finally, the details of the judgment creditor. My mom and I received the N30 judgment separately, despite each in our names, both N30 states that the amount is payable to me. In this case, do I put my name only on the N379?

Thanks.

[atticus]

Q5. The company, being the entity shown on the Land Registry title as registered proprietor.

Q6. Those whose names you know.

Q7. Tenant (names unknown) and proprietor of any registered charges.

[trover]

Q5. The company, being the entity shown on the Land Registry title as registered proprietor.

Q6. Those whose names you know.

Q7. Tenant (names unknown) and proprietor of any registered charges.

Thanks for that, I will bear that in mind.

If I understand correctly I also need to file a draft interim charging order apart from the N379?

Do I fill in/cross out the applicable sections in (a), (b) and (c), as well as section 1, then leave 2a, 2b and 3 blank?

What should I fill in for “particulars of securities, funds etc. charged” under the schedule?

Thanks a lot.

[atticus]

As I understand it, you are applying for a charging order over property, not funds or securities.

[trover]

As I understand it, you are applying for a charging order over property, not funds or securities.

That is correct. Should I just leave it blank instead?

[atticus]

Can someone else help the OP with the form?

[trover]

Can someone else help the OP with the form?

I will try submitting the draft charging order to my best knowledge.

I have one more question before submitting the application, what amount should I include in N379 form? I paid £11 to the Land Registry, and is going to pay £135 court fee for the application, I also spent more than a good few hours researching and filling in the forms, as well as some printing and postage costs. Am I required to attach a “schedule of costs” to ensure they are included in the order?

Thank you.

[atticus]

There are specified fixed costs. See Table 7 in CPR Practice Direction 45.

[trover]

There are specified fixed costs. See Table 7 in CPR Practice Direction 45.

That is enlightening, thank you. It appears that only applies to final charging orders. Will bear that in mind when it gets to that stage.

I still struggle to understand how/at which stage I should apply for those costs in #37.

[Cenabby1]

That sounds like such a nightmare to deal with, especially with all the back-and-forth and added costs. When we had an issue with a burst pipe, the Santa Clara property management team we were with handled it so smoothly—quick repairs, covered costs, and even checked in with us. It really makes a difference when the management is proactive and fair.