It is a Court Order placing a 'charge' on the judgement debtor's property, such as a house or a piece of land. The charge awarded will be the same amount of money that you are owed. In most cases the charging order will not get you your money immediately, but more importantly it may safeguard your money for the future.
If the judgement debtor has funds, money held in Court or owns stocks or shares, then the court is also able to place a charge on these in much the same way as on property.
The procedure is that if the property owned by the tenant/guarantor is sold then the charge has to be paid before any of the proceeds of sale can be taken by the tenant/guarantor.
Fill in Court Form N379 and send it off to the Court with the appropriate fee (or Form N380 for charges on shares)
Judge will grant an Interim Charging Order on Form N86 and send a copy to you and the tenant
Make sure the charge is effective by registering it immediately with the Land Registry
The Interim Charging Order will include the date and time of the hearing at which the judge will decide whether or not to make a Final Charging Order
(you must attend this hearing otherwise the judge may dismiss your application)
At the hearing, if your application is successful, any fees you paid are usually recoverable from the tenant by being added to the judgement
(an order will be drawn on Form N87 and you and the tenant will be sent a copy)
After the hearing, contact the Land Registry as they must be made aware of the making of the Final Charging Order
(also contact them if your application is dismissed so the Interim Charging Order is removed from the Register)
Now the ‘charge’ is in place to the amount you are owed so if the tenant sells the property, the charge has to be paid first before any of the proceeds of the sale can be given to the tenant
Membership for LANDLORDS are from £79.95 a year
Immigration Act revised 2016 should a landlord or letting agent fail to ensure ALL tenants/occupiers have a righto reside for the duration of the tenancy then they may be fined £3000 for each breach. The Secretary of State may instruct the landlord to remove such persons without the need of a court order by way of reasonable force
Labour market enforcement - restriction on illegal migrants to work. A labour market enforcement undertaking (an “LME undertaking”) is an undertaking by the person giving it (the “subject”) to comply with any prohibitions, restrictions and requirements set out in the undertaking
Under section 42 of the County Courts Act 1984 it is possible for the Court to transfer a matter from the County Court to the High Court for enforcement but leave (permission) of the Court is required first. The transfer time varies from court to court and can take up to 28 days, but normally takes far less. An application to seek permission can be made either at the time of making the possession claim or after possession has been ordered.