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Charging order definition

What does Charging order mean? A charging order is a court order used to enforce a money judgment by securing the judgment debt against the debtor’s property so that the creditor is paid from sale proceeds or refinancing before unsecured creditors. In England and Wales, it is a statutory remedy (Charging Orders Act 1979; CPR Part 73). The court may grant an interim and then a final charging order creating an equitable charge over the debtor’s beneficial interest in land or in securities (for example, shares or units in a unit trust). To protect the security and establish priority against third parties,...

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Charging orders pre-6 April 2016: nature, use, jurisdiction, instalments and variation (England and Wales) [Archived]

Practice notes
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NOTE: This PrACTice Note is retained for historical Reference only.

It reviews Charging orders under the regime operating before 6 April 2016, covering what charging orders are, when seeking one may be appropriate, and the jurisdiction concerned.

If you intend to pursue a charging order on or after 6 April 2016, consult Practice Note: Charging orders—what are they and when to Use them—CPR 73 and related content.

For guidance on the process for obtaining a charging order (both interim and final), see Practice Note: Pre-6 April 2016—Obtaining interim charging orders and final charging orders—the procedure.

This Practice Note cites the following legislation:

  • Charging Orders Act 1979 as COA 1979
  • Tribunals, Courts and Enforcement Act 2007 as TCEA 2007
  • Partnership Act 1890 as PA 1890

Charging orders—the changes in force as from 6 April 2016

From 6 April 2016, the procedure for applying for interim and final charging orders was revised, with corresponding amendments to CPR 73 and CPR PD 73.

The provisions of the Charging Orders Act 1979 (COA 1979) were not altered.

The objective of the reforms is to centralise the process for dealing with relevant matters within the courts and enforcement framework on a unified and consistent basis...

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Web page updated on 21/05/2026

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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

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