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Debt Enforcement Law

Charging Order on Property UK — Landlord Guide

Charging order on property: Charging Orders Act 1979 ss.1–3; converts CCJ judgment debt into a charge secured against debtor's land; interim charging order (ex parte); registration at HM Land Registry as a notice; Order for Sale under TOLATA 1996 s.14 (separate application); court balances creditor's interest against co-owners and family in occupation; Insolvency Act 1986 s.346 (3-month vulnerability if debtor becomes bankrupt); Scotland: inhibition in Register of Inhibitions + adjudication.

9 min readUpdated 7 June 2026Last reviewed: 17 May 2026charging-orderenforcementccjtolata-1996

How a Charging Order Works

Charging Orders Act 1979 ss.1–3: once CCJ or High Court judgment obtained, creditor applies to court for charging order on debtor's interest in land. Interim charging order: made ex parte; served on debtor, co-owners, mortgagees, HM Land Registry. Full hearing: debtor can oppose — court weighs all circumstances. Registration at HM Land Registry: notice in charges register; ranks behind prior mortgages and charges.

Applying for a Charging Order Against a Tenant

Prerequisite: CCJ against tenant already in place. Tenant must own property with equity. Application: county court (N379 form); High Court for debts over £5,000 or existing High Court proceedings. HM Land Registry title search: obtain tenant's title number (£3 online). Effect: charging order registered; must be discharged on any sale or remortgage of tenant's property — landlord paid from proceeds.

Order for Sale

Charging order alone does not force sale. Order for Sale: separate application under TOLATA 1996 s.14. Court balances creditor's interest against co-owners and children in occupation. Family home: court reluctant to order immediate sale where debt is modest relative to equity. Sole owner with no dependants: court more readily grants Order for Sale. Mesher order: postpone sale until youngest child reaches 18.

When a Charging Order Is Placed on Your Property

Does not prevent continued letting or receipt of rent. Registered in charges register — visible to buyers and lenders. Cannot sell without discharging debt from proceeds. Remortgage: existing lender usually neutral; new lender may decline. Discharge: pay judgment debt in full; obtain court order; apply to HM Land Registry to remove notice.

Insolvency and Scotland

Insolvency Act 1986 s.346: charging order obtained within 3 months of insolvency petition may be set aside by trustee in bankruptcy. Joint ownership: charging order attaches to debtor's beneficial share only — co-owner cannot be forced to sell without separate TOLATA s.14 Order for Sale. Scotland: Charging Orders Act 1979 does not apply; creditors use inhibition in Register of Inhibitions; then raise action of adjudication for formal charge — more complex process.

Frequently asked questions

What is a charging order on property?+

A court order that converts a CCJ or High Court judgment debt into a charge secured against the debtor's interest in land. Once registered at HM Land Registry, it must be discharged on any sale or remortgage. Made under the Charging Orders Act 1979.

Can I get a charging order against a tenant who owes rent?+

Yes — if you have a CCJ against the tenant and the tenant owns property with equity. Apply to the county court using form N379. Once the interim charging order is made and registered at HM Land Registry, the debt is secured. A separate Order for Sale application under TOLATA 1996 s.14 is needed if you want to compel sale.

Does a charging order force sale of the property?+

No — a charging order alone does not compel sale. A separate Order for Sale application under TOLATA 1996 s.14 is required. Courts balance the creditor's interest against co-owners and family members in occupation. For family homes with modest debts, courts are often reluctant to order an immediate sale.

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