Charging orders over land

Obtaining judgment for a debt is often only the first step along the road to recovering the sum owed, particularly where the debtor does not have the funds available to satisfy the judgment. Moreover, a creditor with the benefit of a judgment remains an unsecured creditor.

A charging order is an indirect method of enforcement which secures the judgment debt rather than satisfies it. Obtaining a charging order over land secures the debt by creating an equitable charge (section 3(4) of the Charging Orders Act 1979), so that when the property is sold, the creditor will receive payment from any proceeds of sale which are left, after the repayment of all mortgagees and other charge holders with priority. The process of obtaining

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Property Disputes News

Property Disputes weekly highlights—21 November 2024

This week's edition of Property Disputes weekly highlights includes: a Court of Appeal case on the court’s jurisdiction to vary a suspended possession order, Upper Tribunal decisions on the impact on limitation of non-payment of an application fee, and the reasonable repair assumption in determining rateable value, and a High Court case regarding adverse possession and trespass. It also includes the launch of the Law Commission’s consultation on the right to renew business tenancies under Part 2 of the Landlord and Tenant Act 1954, as well as the UK Judiciary’s release of the Senior President of Tribunals’ annual report for 2024.

Law Commission launches consultation on right to renew business tenancies

The Law Commission has launched a consultation to examine how the right to renew business tenancies under Part 2 of the Landlord and Tenant Act 1954 (LTA 1954) functions and whether it meets the needs of business tenants and landlords. The consultation seeks to assess the efficacy of the current ‘contracting out’ model and explore alternative models, including mandatory security, the abolition of security of tenure, and a ‘contracting-in’ approach. It also examines which types of business tenancies should benefit from security of tenure. The consultation closes on 19 February 2025, with a second consultation paper expected to follow based on the responses received.

Court had jurisdiction to vary and convert suspended order to outright possession order (Kerr v Poplar HARCA)

Property Disputes analysis: In Kerr v Poplar HARCA [2024] EWCA Civ 120, the Court of Appeal considered whether the court had jurisdiction to vary a suspended possession order (SPO) made following a possession claim for rent arrears, to make an outright order for possession on the grounds of anti-social behaviour. The court held that a SPO originally based on a discretionary ground for possession can be converted into an outright possession order even where the new ground for possession is mandatory. Written by Laura Tweedy, mediator and barrister, and Callum Reid-Hutchings, barrister, both of Gatehouse Chambers.

UK Judiciary releases Senior President of Tribunals' annual report for 2024

The Right Honourable Sir Keith Lindblom, Senior President of Tribunals, has published his 2024 annual report, highlighting a busy year for the tribunal system. The report addresses the impact of policy and legislative changes across various chambers, as well as increasing caseloads. Sir Keith, in his final year as Senior President, reflects on progress towards strategic objectives set in 2020, emphasising the tribunals' commitment to maintaining access to justice and upholding the rule of law. The report includes accounts from the Honourable Mrs Justice Eady DBE on the Employment Appeal Tribunal, President Judge Barry Clarke on Employment Tribunals in England and Wales, and President Judge Susan Walker KC on Employment Tribunals in Scotland.

View Property Disputes by content type :

News