I AM L.I.P

I AM L.I.P

I am a Litigant In Person

Form K13

Form To Cancel Home Rights (Also Called Land Charge) With The Land Charges Department If Your Home Is An Unregistered Property

 

WHAT IS FORM K13 USED FOR?

Form K13 is used to cancel an existing ‘Notice of Home Rights’ (also called a land charge) on an unregistered property at the land charges department. 

If you are the person who applied for or renewed the home rights/land charge then you can cancel your home rights/land charge at any time by completing form K13.

If your ex-partner has applied for or renewed their home rights/land charge against your property you can only cancel their existing home rights/land charge if you have the following documents which you will need to attach to your form K13 – 

  • The court has issued an court order ending the home rights/land charge.
  • A final order/decree absolute has been granted by the court – a final order/decree absolute is a legal document stating the marriage has ended.
  • Your ex-partner has passed away and there is a death certificate
  • A letter from your ex-partner detailing that they wish to end their home rights/land charge.

Please note the following 2 points for background information –

  • A person will register home rights/land charge on a their matrimonial home if the home is owned SOLEY by their ex-partner.  A notice of home rights will prevent your ex-partner from selling or re-mortgaging your home and protect your rights to occupy your home. They cannot ask you to leave or force you out unless they have a occupation order saying so from the court.
  • An unregistered property is one that is NOT listed on the land registry central register. The title deeds detail who owns the property. The title deeds are often kept with the mortgage lender or are with the owner of the property.

For details on which forms to use to register, transfer, renew or cancel your home rights for registered and unregistered properties please click on the link below.

LINK TO OUR L.I.P HELP GUIDE FOR YOU AND YOUR MATRIMONIAL HOME RIGHTS

ARE THERE ANY GOVERNMENT OR OUR OWN L.I.P HELP GUIDES OR WRITE UPS TO COMPLETE FORM K13 ?

Page 2 of form K13 has explanatory notes to help you complete form K13

There are no other specific government guides to help you complete this form. However, you can read the government ‘Practice Guide 63: Land Charges – Applications for registration, official search, office copy and cancellation.

LINK TO GOVERNMENT PRACTICE GUIDE 63: LAND CHARGES – APPLICATIONS FOR REGISTRATION, OFFICIAL SEARCH, OFFICE COPY AND CANCELLATION. 

As stated above you can also read our L.I.P Help Guide for you and your matrimonial home rights for background information. Please click on the link above.

You can write to The Land Charges Department and ask a question. Their address is The Superintendent, Land Charges Department, Registration Department, PO Box 292, Plymouth, PL5 9BY. You can call them on 0300 006 6616 Monday – Friday 8am to 5pm. 

WHAT IS THE FEE TO SEND FORM K13 TO THE COURT AND HOW TO PAY FOR IT?

This Help Guide was written on 26-10-2021 and on that date there was no fee to send this form in to the land charges department.

HOW TO COMPLETE FORM K13 AND WHERE TO SEND IT.

Once you have submitted your completed form K13, the land charges department will send a notice of your application to your ex-partner who is the owner.

You can only have 1 home rights/land charge registered against only 1 property/home at any one time with respect to your ex-partner.

  • NOTE 1 – The applicant is the person asking for the cancellation of the home rights/land charge. If the applicant is not the person who was granted the home rights/land charge then this application form K13 must be accompanied by –
      • A letter releasing the home rights/land charge from the person who was granted the home rights/land charge.
      • A copy of the court order that was used to grant and/or renew the home rights/land charge but has now expired therefore the home rights/land charge can be cancelled. 
  • NOTE 2 – You can complete this form online and then print a hard copy. Alternatively you can download it, print it and then complete by black pen. 
  • NOTE 3 – Please keep a copy of your form K13 and any letters for yourself outside of the ones you send to the land charges department.
  • Form K13 is 2 pages long.
  • There is no requirement for a covering letter with your form K13. 
  • The first box will ask you to write the name and address of the person(s) who is applying for the cancellation of the home rights/land charge.
  • If you do not have a solicitor acting for you please leave the box underneath blank.
  • The next box underneath will ask you to write whether you want to cancel the whole or part of the home rights/land charge that you want cancelled. If you want part of the home rights/land charge to be cancelled you must state which part.
  • The boxes underneath will ask you to write the number and date of registration and the number and date of any renewal of registration of the home rights/land charge that you want cancelled. Please refer to the month by three letters – e.g. 05-MAR-2001 
  • The box underneath will ask you to write down the details of the owner of the property.
  • The box underneath will ask for a key number – please leave this blank as this is for professionals.
  • The next box underneath will ask you to write down your name and address (including your postcode) or that of your solicitor.
  • You must send your completed form K13 to The Superintendent, Land Charges Department, Registration Department, PO Box 292, Plymouth, PL5 9BY.

WHERE CAN YOU FIND FORM K13 /DOWNLOAD THIS FORM?

Please click on the link below to download form K13 from the government website. Please complete and send by post (signed for recorded delivery) to the Land Charges Department.

LINK TO GOVERNMENT WEBSITE FOR FORM K13

WHEN WAS FORM K13 FIRST PUBLISHED AND LAST UPDATED?

Form K13 was first published by the government (HM Land Registry) on 31-10-2013 and last updated 01-07-2019.