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What is a charging order and when can a creditor apply for one? — Articles

A charging order is a court order under the Charging Orders Act 1979 that secures an unpaid county court judgment against an asset — most commonly the debtor's property. It converts an unsecured judgment debt into a secured charge, similar to a mortgage, meaning the creditor gets paid when the property is sold. This article explains how charging orders work and what happens if one is made against you.

Two stages: interim and final

A creditor who holds a county court judgment (CCJ) applies to the county court on Form N379. The court first makes an interim charging order without a hearing, which is registered at HM Land Registry as a restriction on the title. A hearing is then listed (usually 6–10 weeks later) where you can object. If no valid objection exists, the court makes the final charging order, which is again registered at the Land Registry. The charge secures the judgment debt plus interest at the judgment rate of 8% per annum. For the underlying CCJ process, see the county court money claim guide.

Property in joint names

Where the property is in joint names, the charging order can only attach to the debtor's beneficial share, not the whole property. The co-owner can attend the final hearing and object. Courts take the interests of innocent co-owners seriously — particularly spouses and civil partners — when any later order for sale is considered.

Order for sale: the nuclear option

Having a charging order does not mean you must sell. The creditor must bring a separate application for an order for sale under s.14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). Courts apply the balancing exercise in Bank of Ireland Home Mortgages v Bell [2001] — where children live in the property, courts often refuse or delay sale. Since April 2013, orders for sale cannot be made if the judgment debt is under £1,000 (Protection of Freedoms Act 2012 amendment to the Charging Orders Act 1979).

How to get the charge removed

Pay the full judgment debt (including interest), and the creditor must release the charge. Get the release in writing and apply to the Land Registry to remove the restriction. If the creditor refuses to release the charge after full payment, apply to the court for a discharge order. See also the enforcement glossary entry and the third-party debt order entry for alternative enforcement routes a creditor may use alongside a charging order.

This article is for general information only and is not legal advice. Always check the official source and consult a qualified lawyer for your situation.

Two stages: interim and final

Property in joint names

Order for sale: the nuclear option

How to get the charge removed

Questions about this article