Charging order

A way to secure an unpaid judgment debt against a debtor's property — you may not see the money immediately, but the debt stops being just a promise on paper.

Does a charging order mean I get paid straight away?

No. A charging order secures the debt against the debtor's property, usually their home, but it does not force a sale by itself. You are typically paid only when the property is eventually sold or remortgaged — which could be years later, or never, if the debtor never sells or refinances while they own it.

Can I force the sale of the property to get paid sooner?

In some circumstances, yes, by making a separate application for an order for sale. Courts do not grant these routinely — they weigh factors such as the size of the debt relative to the property's value, whether anyone else lives there, and the impact on the debtor and their household. An order for sale is a significant additional step, not an automatic follow-on from a charging order.

What if there is already a mortgage on the property?

A charging order ranks behind any existing mortgage and any charging orders registered before yours. If the property is sold, the mortgage and earlier charges are paid first from the proceeds, and your charge is paid only from what remains. If there is little or no equity in the property, a charging order may secure very little in practice.

How do I apply for a charging order?

You apply to the court that gave you judgment, without needing to notify the debtor at this first stage. If granted, the court makes an interim charging order and lists a hearing for a final charging order, at which the debtor can object — for example on the grounds that the debt has already been paid, or that a charging order would cause disproportionate hardship. If the court is satisfied, it makes the order final and it is then registered against the property.

Does a charging order affect jointly owned property?

Yes, but only to the extent of the debtor's own share. A charging order against one joint owner does not automatically create a charge over a co-owner's share of the property, and the court will take the interests of any co-owners into account, particularly at the order-for-sale stage.

What does it cost to apply for a charging order?

There is a court fee for the application, published in the HMCTS EX50 fees schedule, which changes periodically — check the current figure on GOV.UK before applying. There is also a separate Land Registry fee to register the charge once it is made final.

Why a charging order is different from other enforcement methods

Most enforcement methods try to get you paid quickly — a warrant of control lets bailiffs seize goods, an attachment of earnings order deducts money from wages. A charging order works differently. Rather than forcing immediate payment, it registers the debt as a legal charge against the debtor's property, similar in effect to a second mortgage. The charge sits there, often for years, until the property is sold or remortgaged, at which point your debt is generally paid from the proceeds before the debtor receives anything.

This makes a charging order most useful where the debtor owns property but has no spare income or seizable goods to satisfy the debt another way — it turns an otherwise unenforceable judgment into a secured claim, even if payment is delayed.

How the process works

• Interim charging order.
• You apply to the court that gave judgment, without notifying the debtor first. If the court is satisfied, it grants an interim order and lists a hearing for a final decision.
• Notice to the debtor.
• The interim order is served on the debtor, who can object at the final hearing — for example, arguing the debt has already been paid or that a charge would cause disproportionate hardship.
• The court decides whether to make the charging order final, taking into account the debtor's circumstances and any objections raised.
• Once final, the charge is registered against the property at the Land Registry, giving you priority over unsecured creditors when the property is eventually sold.

A creditor holds a county court judgment for £6,500 against a debtor who owns their home outright but has no significant income or seizable assets. The creditor applies for a charging order, which is granted as interim and then made final after a short hearing at which the debtor raises no valid objection.

Outstanding mortgage

Equity available to the charge

Because there is substantial equity in the property, the charge is well secured. The creditor does not get paid immediately — the debtor continues to live in the property — but when the property is eventually sold or remortgaged, the £6,500 debt is paid from the proceeds ahead of the debtor's own share.

Third-party debt order

Application notice (N244)

Charging Orders Act 1979

Civil Procedure Rules, Part 73

EX50 — civil and family court fees

Charging Order — Small Claims Glossary

What a charging order is, how it secures a county court judgment against a debtor's property, and what happens if you need the property sold to get paid.