General

A charging order (repayment charge) is a type of charging order, which is distinct from a HASSASSAA charging order.

A charging order (repayment charge) is registrable in the Land Register in terms of section 172 of the Housing (Scotland) Act 2006. Such a charging order must be in the form provided by Schedule 1 of the Housing (Scotland) Act 2006 (Repayment Charge and Discharge) Order 2007 (the 2007 Order), or as close to it as circumstances permit.

An entry for a charging order (repayment charge) is made in the securities section of the affected title sheet.

In the securities section of a title sheet ensure the Charge Date within the C section of the LRS is populated with the Date of Execution of the deed.

Such a charging order can be discharged, and the statutory form for the discharge is again provided by the 2007 Order and the form is set out below.

Useful links

Charging Order (HASSASSAA)

Statutory style up to and including 10 May 2015

THE HOUSING (SCOTLAND) ACT 2006

REPAYMENT CHARGE

We (1)………………………………………………………….., in exercise of the power conferred on us by section 172 of the Housing (Scotland) Act 2006, CHARGE the subjects described in the schedule with a repayable amount of (2)………………………. sterling, payable in thirty equal annual instalments of (3)…………..………, the first instalment being payable on
(4)……………………in 20……. and subsequent instalments on the same date in every succeeding calendar year IN WITNESS WHEREOF (5)

SCHEDULE

DESCRIPTION OF SUBJECTS (6)

Notes for guidance

1. Insert the name and address of the local authority.
2. Insert in words the repayment amount.
3. Insert the amount of the annual instalment.
4. Insert a date after the making of the charge for the first instalment to be paid.
5. The deed should be executed here and at the end of the Schedule.
6. Insert a full description of the subjects by reference to the postal address and, as appropriate, either

(a) a competent conveyancing description to enable recording in the General Register of Sasines, or
(b) the registered title number to enable registration in the Land Register.

Statutory style from 11 May 2015 onwards

THE HOUSING (SCOTLAND) ACT 2006

REPAYMENT CHARGE

We (1)………………………………………………………….., in exercise of the power conferred on us by section 172 of the Housing (Scotland) Act 2006, CHARGE the subjects described in the schedule with a repayable amount of (2)………………………. sterling, payable in (3)...........equal annual instalments of (4)…………..………, the first instalment being payable on (5)……………………in 20……. and subsequent instalments on the same date in every succeeding calendar year.

In default of such payment each instalment together with any amount recoverable in respect of that instalment under section 172(6A) of the Housing (Scotland) Act* is separately recoverable as a debt.

If immediately after the final instalment falls due any balance of the repayable amount remains unpaid, the balance is immediately due for repayment and is recoverable as a debt.

IN WITNESS WHEREOF (6)

SCHEDULE

DESCRIPTION OF SUBJECTS (7)

Notes for guidance

1. Insert the name and address of the local authority.
2. Insert in words the repayment amount.

3. Insert the number of equal annual instalments, being no fewer than 5 and no more than 30.

4. Insert the amount of the annual instalment.
5. Insert a date after the making of the charge for the first instalment to be paid.
6. The deed should be executed here and at the end of the Schedule. The signature will require to be self-proving in order to be accepted by the Keeper of the Registers of Scotland.
7. Insert a full description of the subjects by reference to the postal address and, as appropriate, either

(a) a competent conveyancing description to enable recording in the General Register of Sasines, or
(b) where the subjects are registered in the Land Register, the title number of the subjects or the larger property of which the subjects form part.

*2006 asp 1; section 172(6A) was inserted by section 150(4)(b) of the Housing (Scotland) Act 2010 (asp 17)

Statutory style of Discharge of Repayment Charge

THE HOUSING (SCOTLAND) ACT 2006

DISCHARGE OF REPAYMENT CHARGE

We (1)………………………………………………………….., DISCHARGE the Repayment Charge made by us on (2)…………………… over the subjects (3)…………………… and [either] (4) registered in the Land Register under Title Number (5)……… on (6)………………….. [or] (4) recorded in the Division of the General Register of Sasines for the County of (7)…………………… on (8)……………………. IN WITNESS WHEREOF

Notes for guidance

1. Insert the name and address of the local authority.
2. Insert the date of execution of the original Repayment Charge (this date can be found under the Charge Date within the C Section entry on the LRS).
3. Insert postal address of subjects.
4. Delete as appropriate.
5. Insert Title Number in Land Register.
6. Insert date of registration of Repayment Charge.
7. Insert name of County in the General Register of Sasines.
8. Insert date of recording of Repayment Charge in the General Register of Sasines.

Guidance

Should a registration officer encounter an application for registration of a repayment charge dated on or after 11 May 2015, but which uses the style provided for the period before that date, they should refer the application for consideration of whether that is a valid deed.

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