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s29 (LGMPA) 1982

Submitted by LBC on 21 August, 2008 - 06:46

I understand that a debt caused by WID carried out under s29 Local Government Miscellaneous Act 1982 cannot be put as a charge against the property concerned.  Can it be put as a charge on an unknown owner?  If the owner is subsequently identified can it then be re-charged against this identified owner?

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My understanding from Andrew

Submitted by Graham Everett on 22 August, 2008 - 08:51.

My understanding from Andrew Lavender's presentation is that a charging order is possible in principle as a form of debt recovery, but the court would need to be satisfied that it was justified.   The size of the debt and the property's impact would be relevant factors.   If a charging order was granted, I think it would bind the property rather than the owner.   However I don't know whether the unknown identity of the owner would be an obstacle.   Another question for Andrew Lavender!

Graham Everett