Charging Orders on Land: Law, Practice and Precedents

'This excellent book is one for the practitioner, especially one faced with a more challenging case. It is a volume that the chambers or firm librarian should be petitioned to acquire" - Conveyancer and and Property Law Journal

• Foreword to the Second Edition;Foreword to the First Edition;List of Abbreviations;Civil and Family Procedure Rules – Comparison Tables;Table of Cases;Table of Statutes;Table of Statutory Instruments;Table of European Conventions1INTRODUCTIONIntroductionOverview of charging ordersBrief history of charging orders2CIRCUMSTANCES FOR OBTAINING A CHARGING ORDERIntroductionWho can apply for a charging order?Property which may be chargedExercise of the court’s discretionCommercial Rent (Coronavirus) Act 2022Breathing Space Moratorium and Mental Health Crisis Moratorium3PROCEDURE FOR OBTAINING A CHARGING ORDERProcedural frameworkApplication to the courtInterim charging orderFinal charging orderInsolvency restrictionsBasic procedure tables4PRIORITIES AND PROBLEMSBasic rule of priorityTypes of interest over which a charging order can be madeProtection of priority under the Land Registration Act 2002 Charging orders, mortgages and salesOther priority problems5DISCHARGE OR VARIATION OF A CHARGING ORDERIntroductionGrounds which are open to particular applicantsGrounds for dischargeGrounds for variationProcedure in the courtsThe procedure on a reference to the First-tier TribunalBasic procedure table6ENFORCEMENTIntroductionCourt’s jurisdiction and the appropriate courtOrders for saleAppointment of a receiverLimitation7OTHER TYPES OF CHARGING ORDERCouncil Tax (Administration and Enforcement) Regulations 1992Solicitors Act 1974, section 73Insolvency Act 1986, section 313Agricultural Holdings Act 1986, sections 85, 86 and 87Landlord and Tenant Act 1927Partnership Act 1890, section 23Road Traffic Act 1991Child Support Act 1991, sections 33 and 36Mental Capacity Act 2005, section 18Housing Act 2004, sections 49 and 50, Schedule 13Highways Act 1980Legal Aid, Sentencing and Punishment of Offenders Act 20128INSOLVENCYIntroductionDefinition of insolvencyOverview of individual insolvency proceduresThe debt respite schemeOverview of corporate insolvency proceduresInsolvency restrictionsAPPENDICESPART A – STATUTORY MATERIALA1Charging Orders Act 1979A2Civil Procedure Rules, Part 73, Section IA3Civil Procedure Rules, Practice Direction 73, Section I and Appendix AA4Family Procedure Rules, Part 40A5Family Procedure Rules, Practice Direction 40A, Section IPART B – PRECEDENTSB1Completed Specimen Form N379: Application for Charging Order on LandB2Completed Specimen Form FE6: Application for Charging Order on LandB3Completed Specimen Form N86: Interim Charging Order – Court OrderB4Witness Statement to Oppose Making of Final Charging OrderB5Order for Discharge of Charging Order where No Final Order MadeB6Completed Specimen Form N87: Final Charging Order – Court OrderB6ASuggested wording for an application for a non-standard restrictionB7Standard Order 4.13B8Standard Order 4.14B9Form N244: Application NoticeB10Witness Statement in Support of Application to Discharge Final Charging OrderB11Draft Order for Discharge of Charging Order after Final Charging Order MadeB12Completed Specimen Claim Form (CPR Part 8): Application to Enforce Charging Order by Means of Order for Sale – IB13Completed Specimen Claim Form (CPR Part 8): Application to Enforce Charging Order by Means of Order for Sale – IIB14Witness Statement in Support of Application for Sale – IB15Witness Statement in Support of Application for Sale – IIB16Standard Form of Charging Order (Bankruptcy)B17Draft DirectionsB18Order: Joint Owners TenantedB19Order: Sole Legal Owner Overseas Entity TenantedIndex