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Form N86 Interim Charging Order UK: How It Works

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Part ofCounty Court Forms UK

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
When a court judgment goes unpaid, the creditor is left with a decision on record but no money in hand. Form N86 is one of the tools English and Welsh courts use to change that. It is the interim charging order that places a hold over specified assets belonging to the judgment debtor, pending a further hearing where the court decides whether to make the charge final. The order does not force a sale or hand cash to the creditor. What it does is stop the debtor from quietly selling, transferring, or remortgaging assets while the creditor takes the next steps. This guide walks through how Form N86 fits within CPR Part 73, what happens after it is issued, and the practical points creditors and debtors both need to understand.

What this document is

Form N86 is the court-issued interim charging order made under Part 73 of the Civil Procedure Rules. It follows a creditor's application (usually made on Form N379 for land, or N380 for securities) after a judgment debt has gone unpaid. The interim order is typically granted by a judge or court officer without a hearing, on the papers alone.

Once sealed, it attaches the debt to a specified asset, most commonly a property or a beneficial interest in land, but it can also cover shares, funds in court, or interests in trusts. The schedule on the form sets out exactly which assets are caught.

The effect is protective rather than final: the debtor still owns the asset, but cannot deal with it free of the charge, and any buyer or lender would take subject to the creditor's interest. A hearing is then listed where the court decides whether to confirm the charge by making a final charging order, which is the step that genuinely secures the debt long-term.

How to use this document

  1. Confirm the judgment is enforceable. Before applying, check that you hold a valid judgment or order for a specified sum, that the time for any stay has passed, and that the debtor has genuinely failed to pay. Charging orders can be sought for the full unpaid balance, including interest where it accrues, and any fixed costs that have been added.
  2. Identify the asset to be charged. Work out what the debtor owns that is worth attaching. Registered land is the most common target because ownership can be confirmed through Land Registry searches. You can also charge beneficial interests, shares in UK-registered companies, and funds held in court. You will need precise details for the schedule.
  3. Complete and file the application. The creditor files the application form along with supporting information about the judgment, the sum outstanding, and the asset details. A fee applies, so check gov.uk for the current amount. The court reviews the papers and, if satisfied, issues Form N86 as an interim charging order without a hearing.
  4. Serve the interim order properly. Once the interim order is sealed, it must be served on the debtor and, depending on the asset, on other interested parties such as co-owners, other creditors, or the Land Registry. Service rules and timeframes are set out in CPR Part 73, and getting service right is essential to the order holding up at the next hearing.
  5. Attend the final charging order hearing. The court lists a hearing where it decides whether to make the charge final. The debtor and any other notified party can attend and object. If the court is satisfied there is no good reason to discharge the interim order, it makes a final charging order, which secures the debt against the asset in a lasting way.

Common questions

If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Common questions

Q Does an interim charging order force the debtor to pay?
No. Form N86 does not compel payment and it does not, on its own, produce cash for the creditor. What it does is freeze the debtor's ability to dispose of the listed asset free of the charge. If payment still does not follow, the creditor may eventually apply for an order for sale, but that is a separate and more demanding step which the court will scrutinise carefully.
Q How long does the debtor have to object?
Under CPR Part 73, the debtor and any other person served with the interim order can object to the charge being made final. Objections must be filed and served in writing within the period set by the rules, ahead of the listed hearing. If no objection is made, the court will usually go on to make the charging order final at the hearing, provided the procedural requirements have all been met.
Q Can an interim charging order be placed on a jointly owned home?
Yes, but with an important limitation. If the debtor is one of several joint owners, the charge attaches to the debtor's beneficial interest rather than the whole property. The co-owners' share is not caught. This still gives the creditor meaningful security, but any later application for sale of a jointly owned family home is discretionary and the court will weigh the interests of the other occupants.
Q What is the difference between an interim and a final charging order?
The interim charging order, issued on Form N86, is a temporary protective measure made without a hearing. The final charging order is made at a listed hearing, after the debtor has had the chance to object. Only the final order secures the debt in a lasting way. The interim stage exists to stop the debtor moving assets out of reach in the window between application and hearing.
Q Can the debtor still sell the property once a charge is registered?
In practice, selling becomes very difficult. A charge registered against the title means any buyer's solicitor will see it during pre-contract searches, and lenders will not release funds until it is discharged. The debtor can sell, but the creditor's charge must generally be paid off from the sale proceeds before the debtor sees any surplus, which is the whole point of securing the debt.
Q What happens if the debtor becomes bankrupt after a charging order?
Timing matters. A charging order made final before bankruptcy generally gives the creditor secured status in the bankruptcy, which is a much stronger position than an unsecured creditor. If the charging order is only at the interim stage when bankruptcy intervenes, the creditor's position is weaker and the charge may not survive. This is one reason creditors move promptly between interim and final stages.
Q Can a charging order be used for small debts?
Yes, and charging orders are often used alongside other enforcement methods for relatively modest sums, particularly where the debtor owns property. There are some restrictions and thresholds to be aware of, and the court retains discretion over whether an order is proportionate. For very small debts against a family home, the court will look closely at whether securing the debt is a reasonable step.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.