Order for sale—how to enforce a charging order
Order for sale—how to enforce a charging order

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Order for sale—how to enforce a charging order
  • Why seek an order for sale to enforce a charging order?
  • Who can apply to enforce a charging order by sale?
  • Where to apply for an order for sale to enforce a charging order?
  • Securing an order for sale of land (including residential property)
  • Evidence to support a claim for an order for sale to enforce a charging order
  • What the court considers when determining whether to make an order for sale?
  • Limitation bars to obtaining an order for sale
  • How easy is it to obtain an order for sale to enforce a charging order?

This Practice Note considers how to apply for an order for sale to enforce a charging order pursuant to CPR 73.10C in force as of 6 April 2016.

This Practice Note sets out when and how you can apply for an order for sale to enforce a charging order with reference to the regime set out in the (amended) CPR 73 and CPR PD 73 in force as of 6 April 2016. It is suggested that where you are applying for an order for sale to enforce a charging order which was made prior to 6 April 2016 you should still follow the regime set out in the (amended) CPR 73, see Practice Note: Charging orders—what are they and when to use them—CPR 73—Charging orders—the changes in force as from 6 April 2016.

For guidance on how to obtain a charging order, see Practice Note: Charging orders—how and where to apply and related content.

Why seek an order for sale to enforce a charging order?

A Charging Order only secures the judgment debt, it does not satisfy it.

If the debtor does not satisfy the judgment or order, the creditor can enforce the charge by seeking an order for sale of the charged asset. CPR 73.10C provides that a person who has obtained a charging order over an interest in property can make