Rule 6.237A Application in respect of the vesting of an interest in a dwelling-house (registered land)F1

(1)

Paragraph (2) applies where—

(a)

property comprised in the bankrupt’s estate consists of an interest in a dwelling-house which at the date of bankruptcy was the sole or principal residence of—

(i)

the bankrupt;

(ii)

the bankrupt’s spouse F2or civil partner; or

(iii)

a former spouse F3or former civil partner of the bankrupt; and

(b)

the dwelling-house is registered land; and

(c)

an entry has been made, or entries have been made, in the individual register or registers of the dwelling-house relating to the bankrupt’s bankruptcy or the individual register or registers has or have been altered to reflect the vesting of the bankrupt’s interest in a trustee in bankruptcy.

(2)

Where an interest of a kind mentioned in paragraph (1) ceases to be comprised in the bankrupt’s estate and vests in the bankrupt under either section 283A(2) or 283A(4) of the Act, or under section 261(8) of the Enterprise Act 2002, the trustee shall, within 7 days of the vesting, make such application or applications to the Chief Land Registrar as shall be necessary to show in the individual register or registers of the dwelling-house that the interest has vested in the bankrupt.

(3)

An application under paragraph (2) shall be made in accordance with the Land Registration Act 2002 and shall be accompanied by—

(a)

evidence of the trustee’s appointment (where not previously provided to the Chief Land Registrar); and

(b)

a certificate from the trustee stating that the interest has vested in the bankrupt under section 283A(2) or 283A(4) of the Act or section 261(8) of the Enterprise Act 2002 (whichever is appropriate).

(4)

As soon as reasonably practicable after making an application under paragraph (2), the trustee shall notify the bankrupt and if the dwelling-house was the sole or principal residence of his spouse or former spouse F4or civil partner or former civil partner, such person, that the application has been made.

(5)

The trustee shall notify every person who (to his knowledge) either claims an interest in the dwelling-house, or is under any liability in respect of the dwelling-house that an application has been made.

Annotations

Textual amendments

F1: Rules 6.237-6.237E substituted for rule 6.327 (1.4.2004) by The Insolvency (Amendment) Rules 2003 (S.I. 2003/1730), rule 1(3), Sch. 1 para. 51
F2: Words in rule 6.237A(1)(a)(ii) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 18 para. 1(3)(a)
F3: Words in rule 6.237A(1)(a)(iii) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 18 para. 1(3)(b)
F4: Words in rule 6.237A(4) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 18 para. 1(3)(c)