Preventing enforcement of a charging order
The court can set conditions for payment of the debt or delay enforcement of a charging order until a specified date.
Conditions on a final charging order
A debtor can apply for conditions to be attached to a final charging order.
The conditions can prevent the creditor applying to court for an order for sale, which would allow the creditor to sell the property the charging order is secured on to pay the debt.[1]
Read more about charging orders and orders for sale on Shelter Legal.
When the court can set conditions
The debtor can request the court set conditions:
when the creditor first applies for a charging order
on an application to vary an existing charging order
Conditions the court can set
The court has a wide discretion to set conditions. There is no complete list of conditions the court could set. It could:
set instalments for payment of the debt
review an existing instalment order where the payments are no longer affordable
suspend enforcement of the charging order
Suspension of enforcement usually runs until a specified date. For example, when the youngest child in the household turns 18.
Initial objections to a charging order
The debtor can request the court add conditions as part of the creditor's application for a final charging order. The debtor must follow the procedure for objecting to a final order to give the court the opportunity to consider the application.
Who can deal with the application
Most charging order applications are dealt with by the Civil National Business Centre.[2]
A court officer or district judge can make an interim charging order. Unless the debtor files written objections, the interim charging order is normally made final without a court hearing.
The Civil National Business Centre can transfer the application to the debtor's local County Court hearing centre for a hearing where necessary, including when they have received a written request.
Transfer to the debtor's local court
To have the case transferred to their local court for a hearing, the debtor can file written evidence stating the grounds of objection to the court no later than 28 days after service of the interim charging order.[3] The debtor must serve the written evidence on the claimant at the same time.
If the claimant applied for the charging order other than at the Civil National Business Centre, the debtor must file and serve written evidence stating the grounds for objection no less than 7 days before the hearing.[4]
What to include in the application
The debtor must file a witness statement together with a financial statement at court within 28 days of service of the interim charging order.[5]
How the court deals with the application
When deciding whether to make an interim charging order final, the court must consider all the circumstances of the case and any evidence before it, including:[6]
the personal circumstances of the debtor
whether the charging order would be unfair to other creditors
The burden of proof is on the debtor to show good reasons for not making the order final, or to attach conditions to the final order.
If a hearing is set but the debtor has not filed evidence ahead of time, the court has discretion whether to allow the debtor to attend and raise objections.[7]
Application to vary an existing charging order
The debtor can apply to vary the terms of a charging order that has already been made final by the court.
The application could request the court set payment terms for the debt. This could prevent enforcement by an order for sale.
An application to vary the charging order can be made by anyone interested in the property to which the order relates.[8]
What the debtor must include in the application
The debtor can apply to vary the charging order on form N244. The cost is a standard application on notice.
The debtor can set out their circumstances, including anything that has changed since the charging order was made, in a witness statement.
Read more about witness statements on Shelter Legal.
Read more about costs in civil claims on Shelter Legal.
Application to vary the judgment debt
A judgment that was made in default can be varied to an instalment order. This would prevent other types of enforcement of the judgment debt. For example an attachment of earnings, or instructing enforcement agents.
An application to vary a default judgment is made on form N245.
Read more about varying a money judgment on Shelter Legal.
Last updated: 27 June 2025