Form FE6 UK: Charging Order on Land Application
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If a court has ordered someone to pay you money and they have not paid, one route to secure what you are owed is to ask the court to place a charge on land or property in which the debtor has an interest. Form FE6 is the application used to start that process.
Getting it right matters, because the court needs accurate information about the judgment, the debtor, the property, and anyone else who might be affected. On this page I walk through what the form is for, what each section asks, and the practical points to think about before you submit it.
If you would prefer to talk it through with someone who handles these situations regularly, you can book a call with one of our experienced legal advisers at the bottom of the page.
What this document is
Form FE6 is the court application a judgment creditor uses when they want to convert an unpaid money judgment into a charge over the debtor's land or property. A charging order does not force a sale on its own, but it secures your position, meaning that if the property is later sold, the debt can be paid out of the proceeds.
In some cases creditors go on to apply for an order for sale separately, though that is a further step with its own tests. The form captures the information the court needs to decide whether to make an interim charging order, and later a final one.
That includes details of the original judgment, the debtor, the specific property, the debtor's interest in it, and any other creditors or people with an interest in the land who might need to be notified. The process is governed by the rules on charging orders in the Civil Procedure Rules and the Charging Orders Act 1979.
How to use this document
- Confirm the judgment is unpaid and enforceable. Before completing Form FE6, check you hold a valid judgment or order from a court requiring the debtor to pay you a sum of money, and that payment has not been made in accordance with its terms. A charging order is an enforcement step, so there must be something to enforce.
- Identify the right property and the debtor's interest in it. You need to know the address and, ideally, the Land Registry title number. You also need to understand whether the debtor is a sole owner, a joint owner, a beneficiary under a trust, or holds some other interest. This is often where applications run into difficulty, so take time to check HM Land Registry records.
- Complete Form FE6 carefully, section by section. The form asks for information about you as creditor, the debtor, the judgment debt, the property, other creditors you know about, and anyone else with an interest in the land. Missing or vague answers can delay the application or prompt the court to ask for more evidence.
- Sign the statement of truth and pay the court fee. The form must be verified by a statement of truth signed by you (or your legal representative). A court fee applies, so check gov.uk for the current amount. If you cannot afford the fee, you may be able to apply for help with fees using the usual EX160 route.
- File with the court and wait for the interim order. Once filed, the court will normally consider the application on paper and, if satisfied, make an interim charging order. That interim order is then served on the debtor and anyone else affected, and a hearing is listed to decide whether it should be made final.
Common questions
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Common questions
Q What does a charging order actually do?
A charging order secures a judgment debt against the debtor's interest in land or property. It does not by itself require the property to be sold, but it means that if the property is sold, the debt ranks for payment out of the proceeds alongside any other registered charges. Creditors sometimes apply separately for an order for sale, but that is a distinct step that the court will not grant lightly.
Q Can I get a charging order if the debtor only part-owns the property?
Yes. If the debtor is a joint owner or a beneficiary under a trust of land, the court can impose a charge on their beneficial interest rather than on the legal title. The mechanics are slightly different, and the court will usually require notice to be given to the other owners or trustees, which is why Form FE6 asks about other people with an interest in the property.
Q Do I need to have tried other enforcement methods first?
There is no strict rule that you must try other enforcement routes before applying for a charging order, but the court has discretion and will consider what is proportionate. In practice, creditors often choose a charging order where the debtor has equity in property but limited income, because other methods such as attachment of earnings may recover little.
Q What happens after I file Form FE6?
The court typically considers the application without a hearing and, if the paperwork is in order, makes an interim charging order. That order is served on the debtor and any affected third parties, and a date is set for a further hearing. At the hearing, the court decides whether to make the order final, vary it, or discharge it, taking into account any objections raised.
Q Can the debtor stop the charging order being made final?
The debtor, and others with an interest in the property, can object before the final hearing. The court will consider factors including the size of the debt, whether any other creditors would be unfairly prejudiced, whether the debtor is complying with any instalment order, and the personal circumstances of the debtor and any co-owners. There is no guarantee an interim order will be made final.
Q Is there a fee to apply?
Yes, a court fee applies when you file Form FE6. Fees change from time to time, so check the current amount on gov.uk before you file. If your income is low, you may qualify for help with fees, which reduces or removes the fee you have to pay. You apply for that separately using the standard help with fees process.
Q Can I use Form FE6 for a debt owed to my company?
Yes. A company that holds a money judgment can apply for a charging order in the company's name. The form will still need to be signed by someone authorised to sign on behalf of the company, and the statement of truth carries the same weight. If in doubt about who should sign, it is worth speaking to someone familiar with the process before filing.
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.
- LegislationCharging Orders Act 1979legislation.gov.uk
- Guidance · HMCTSCivil Procedure Rules Part 73 – Charging Ordersjustice.gov.uk
- Guidance · UK GovMake someone bankrupt or get a charging order – gov.ukgov.uk
- Guidance · UK GovHM Land Registry – search for property informationgov.uk
Legal helpline
Unsure whether a charging order is the right move?
Charging orders are useful, but they are not always the quickest or cheapest way to recover a judgment debt, and the details on Form FE6 matter. An experienced legal adviser can help you think through your options based on what you describe on the call.
- Plain-English answers to your specific questions about Form FE6
- Practical perspective on whether a charging order suits your situation
- What to watch out for when identifying the debtor's interest in the property
- Clarity on what happens after the interim order is made
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.