Q&As

A local authority has two charges registered against a freehold property in Wales in respect of care charges under the Health and Social Services and Social Security Adjudications Act 1983. The service user and sole owner of the property died intestate two years ago, however to date a grant of representation has not been obtained and so the debt for care fees remains unpaid. Is it possible to force a sale as creditor to discharge the debt, as the charges take effect as a legal mortgage under the Law of Property Act 1925?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 01/07/2020

The following Private Client Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A local authority has two charges registered against a freehold property in Wales in respect of care charges under the Health and Social Services and Social Security Adjudications Act 1983. The service user and sole owner of the property died intestate two years ago, however to date a grant of representation has not been obtained and so the debt for care fees remains unpaid. Is it possible to force a sale as creditor to discharge the debt, as the charges take effect as a legal mortgage under the Law of Property Act 1925?

The regime under the Health and Social Services and Social Security Adjudications Act 1983 (HSSSSAA 1983) allows for the charging of the provision of various services, including accommodation provided by a local authority, and where a sum assessed as due is not paid for the local authority to create a charge in their favour on the interest of the debtor in any land in England and Wales in which they have a beneficial interest. By HSSSSAA 1983, s 22(8) such a charge in respect of registered land is a registrable charge taking effect as a legal

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