Can I sell my house if it has a charging order?

Yes, you can sell a house with a charging order. However, the debt secured against the property usually needs to be repaid from the sale proceeds before you receive any remaining money.

In some cases, selling may involve additional legal steps, such as confirming the debt amount with the creditor or arranging for the charging order to be removed on completion of your house sale.

Key points: selling a house with a charging order

• You can usually sell a property with a charging order
• The debt must typically be repaid when the sale completes, before you get any money that‘s left
• Charging orders can slow down the legal process
• Buyers and lenders may both want additional checks
• A cash buyer can reduce delays and uncertainty over whether the sale will go ahead

What is a charge on a property?

A charging order is a court order that places a charge on the property of someone who owes someone else money. The person who owes money is known as the debtor, and the person who is owed the money is the creditor.

It effectively turns an unsecured debt into a secured one by tying the debt to the property’s value. This means that when the property is sold, the creditor’s claim will need to be dealt with before the owner receives any remaining equity.

When you sell your house without a charging order, you’d get the sale value minus:

1. Your outstanding mortgage amount and any fees
2. Solicitor fees
3. Estate agent fees
4. Leasehold or management fees (if applicable)
5. Capital Gains Tax (if applicable).

But when you sell your house with a charging order, you’ll need to pay all the above and settle the debt with your creditor before you see any of your sale money. And if there is interest accruing on the debt, you’d be best to sell quickly and clear the debt as soon as possible.

Selling any kind of house with problems, like Japanese knotweed or subsidence, adds extra complications to an already stressful process, so it’s good to know what your options are.

Why does a charging order affect a property sale?

A charging order affects a property sale because it creates a legal claim against the property that must usually be settled during the transaction.

According to House Buyer Bureau’s experience supporting UK homeowners, this can lead to:

• Additional legal checks during conveyancing
• Delays while confirming the outstanding debt
• Extra communication between solicitors and creditors
• Increased risk of a sale slowing or falling through

Buyers and their lenders often require certainty about how the debt will be cleared before proceeding

How can I remove a charging order from a property?

The most straightforward way to remove a charging order is to pay the debt in full and then apply for the order to be discharged by the court. The creditor or the court usually has to confirm that the order has been satisfied (the debt paid) or set aside (the order goes back to the judgment stage) before the register can be cleared.

How long does a charging order on a property last?

A charging order normally remains in place until the debt is paid, the order is discharged, or the court varies it. The order will stay on the register until the underlying debt is dealt with, and the court rules provide the route for discharge or variation.

Can I sell my house with a charging order?

Yes. A charging order doesn’t normally stop a sale from taking place – in fact, an “order for sale” may follow a charging order, where the debtor must sell their property to repay the debt.

While a charging order won’t stop you from selling your house, it will affect how much money you get from the sale. If the property is sold, the charge will usually have to be paid out of the proceeds before the seller receives their share.

When a charging order is involved, a conventional sale can become slow or uncertain. Buyers, solicitors and lenders need clarity on what is owed, who gets paid first and whether any creditor approval or discharge evidence is needed before completion. This can make the difference between a sale progressing smoothly and a deal stalling at the legal stage.

What happens when you sell a house with a charging order?

When you are selling a property with a charging order, the process typically follows these steps:

1. You list the property for sale
2. A Buyer is found and the legal work begins
3. The charging order is identified during the searches
4. The creditor confirms the outstanding debt
5. The debt is repaid from the sale proceeds on completion
6. You receive any money that is left after the order is repaid and other fees are paid (estate agent, solicitor)
7. The charging order is removed from the property register

This additional legal layer is what can make the process slower than a standard sale and can lead to sales falling through.

Sell a house with a charging order fast

If time matters, a quick sale can be the simplest way to deal with a property that has a charging order.

A fast sale to a cash buyer gives you

• a clear route to settle the debt from the proceeds,
• stop any more interest accruing,
• avoid a long chain of buyers, and
• reduce the risk of the transaction collapsing over legal complications or financing delays.

House Buyer Bureau specialises in buying properties with financial or legal complications, including homes affected by charging orders. We will buy any house, and we can buy yours in as little as 7 days – or longer if you need more time.

We have no reliance on third party financing, making the sale process easier, faster and much more predictable than traditional routes.

You’ll have control of being able to say exactly when you want to sell, getting peace of mind that your debts will be cleared on your timeline. Instead of waiting for an ideal buyer to appear, you can work with a trusted buyer who can buy your house quickly and for cash.

Get in touch today to find out how we can help.

Charging order FAQs

Chris

Chris

Chris has worked in property all his career, first as a successful estate agent before spotting a gap in the market for buying property directly from people looking for a simple, quick sale.

He has a passion for property and as an experienced valuer, has looked at well over 50,000 properties so far at HBB. He has extensive experience in property buying and regularly comments in the press on property matters, trends and promotes ways to simplify and speed up the selling process.

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