Housing Act 1985

230 Form, effect, &c. of charging order.

(1) A charging order under section 229 shall be in such form as the Secretary of State may prescribe.

(2) The charge created by such a charging order shall be a charge on the premises specified in the order having priority over all existing and future estates, interests and incumbrances, with the exception of—

(a) charges under section 200 (charge in favour of person executing works required by repair notice),

(b) tithe rentcharge,

(c) charges within section 1(1)(a) of the [1975 c. 76.] Local Land Charges Act 1975 (statutory charges in favour of public authorities), and

(d) charges created under any Act authorising advances of public money.

(3) Charges under section 229 and section 200 (the corresponding provision in relation to repair notices) take order as between themselves according to their respective dates.

(4) The annuity created by a charging order may be recovered by the person for the time being entitled to it by the same means and in the like manner in all respects as if it were a rentcharge granted by deed out of the premises by the owner of the premises.

(5) The benefit of the charge may be from time to time transferred in like manner as a mortgage or rentcharge may be transferred, and the transfer shall be in such form as the Secretary of State may prescribe.

(6) An owner of, or other person interested in, premises on which an annuity has been charged by a charging order under section 229 may at any time redeem the annuity on payment to the person entitled to the annuity of such sum as may be agreed upon, or in default of agreement determined by the Secretary of State.