Charging Order on Your Home: Interim Orders, Objections and Sale

What is a charging order?

A charging order is an enforcement route for a creditor who already has a county court judgment. It secures the debt against an asset you own, most often a house or a share of one. The law is the Charging Orders Act 1979. Our short glossary entry for charging orders gives the definition, and this guide covers the process.

Creditors often choose a charging order when you own property but cannot or will not pay, because it protects their position without the cost of bailiffsHow to Deal with Bailiffs: Your Rights and Their Limits (2026)Learn what bailiffs can and cannot do in England and Wales, the 14-day notice rule, current fees and how to respond.Read more →. It does not itself demand payment, but the debt must be dealt with when the property is sold or remortgaged.

The two stages

Can they sell my home?

Not automatically. A charging order only secures the debt. To force a sale, the creditor must make a separate application for an order for sale. Court guidance and advice sources describe this as a last resort, and a debt must usually be at least £1,000. A hearing gives you the chance to explain your circumstances, and the court looks at all options.

Creditors are more likely to ask for a sale where the debt is large, you have not been paying and other routes have failed. Keeping to any payment terms is the strongest way to reduce the risk.

What the paperwork looks like

The court sends form N86, the interim charging order, to you and to others with an interest in the property, including your mortgage lender. It sets a date for a hearing and explains how to object. You may also receive a land registry notice; you do not need to reply to the Land Registry form, but you do need to respond to the court deadline. Keep every page and check the dates the day it arrives.

Charging order or bailiffs?

Objecting to the order

You can object to the interim order if you have a reason. Common points include:

• The debt is not yours, or the amount is wrong
• You are already keeping to a payment arrangement
• The property is jointly owned and the other owner has a claim
• Making the order would cause serious hardship and a lesser step would do

Interest and your credit file

A charging order is not itself shown on your credit fileHow Credit Scores Work in the UKHow UK credit scores work: what the credit reference agencies record, what affects your score, why scores differ between agencies and what lenders actually see.Read more →, but the county court judgment behind it is, and stays for six years from the date it was made. Interest depends on the type of debt. Debts under the Consumer Credit Act usually stop collecting interest once judgment is made, while some other debts above £5,000 can carry statutory interest at 8%. Check the figure on your paperwork.

Questions to ask the creditor

• What is the full balance, including interest and court costs?
• Will you accept a payment plan in return for not seeking a final order, or an order for sale?
• Can you give me a settlement figure if I sell or remortgage?
• How will payments be recorded and confirmed?

Selling or remortgaging with a charge on the property

You can usually still sell or remortgage, but the charge must be paid out of the proceeds first. A lender may refuse to remortgage while a charge is registered, so you could face limited choices. If you are thinking of moving, contact the creditor early and ask for a settlement figure.

Keep your mortgage lender in the loop

Your mortgage lender is told about the interim order and its charge ranks behind the mortgage. If you are already struggling with mortgage payments, speak to the lender as well as the creditor, because losing the home to the mortgage is a bigger risk than the charge. Our priority and non-priority debts guide explains why housing costs come first.

If you cannot afford to pay

A charging order does not remove your other options. A free adviser can look at repayment plans and whether a formal solution such as an IVAIndividual Voluntary Arrangement (IVA)An IVA is a legally binding agreement to repay a portion of your debts over a fixed period. Understand how IVAs work, eligibility, costs and consequences.Read more → is appropriate. Our comparison of formal debt solutions and IVA and CCJs guide explain what each involves. Free, independent help is available from Citizens Advice, MoneyHelper, StepChangeStepChange Explained: What It Does and How It WorksWhat the debt charity StepChange offers, how its free debt advice and debt management plans work, who it suits and what to expect when you contact them.Read more → and National DebtlineNational Debtline: How It Works, When to CallWhat National Debtline is, who runs it, what it can help with, how to get free advice by phone, webchat or online tools, and what to expect.Read more →.