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Charging orders

A charging order is a restriction placed on your property. It means that when your property is sold the debt, plus interests and costs are paid to us from the net proceeds of the sale. The charging order will remain against the title of the property as long as you owe the debt. We may choose to force the sale of your property to pay the outstanding debt.

If you’ve received a charging order, you should seek independent legal advice.

If the charging order is made final, then the charge and/or restriction will remain on your property until either:

  • the property is sold and your solicitor forwards the cost of the debt to us from the proceeds, or
  • the debt (redemption fee) is paid in full and the Land Registry have removed the charge/ restriction on the property (this may involve a further fee)

My home is in joint names, but the debt is just in my name

A charging order will only apply to your share of the property.

Will I be charged interest?

If the debt exceeds £5,000, statutory interest (which is currently 8% above the Bank of England base rate) is incurred. This is chargeable from the date the interim order is awarded.

Can I pay the debt after the charging order is granted?

 

Before you pay the debt, please get a redemption amount from us. This will include the debt you owe, plus other costs and interest if applicable.

Follow these steps, to request a redemption amount:

  1. Open our Council Tax enquiry form
  2. Select ‘I have received a statutory demand, bankruptcy petition….’
  3. Select ‘Charging order’
  4. Select ‘What if I pay my debt after a charging order has been granted’
  5. Enter the date you intend to pay the debt in full
  6. Select ‘Next’, enter your details, then submit the form