Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. I presume the house is owned personally by the owner, rather than being registered under the business?
Thank you. Sadly you cannot place a charge on the house to ensure that they pay you once it sells. This is because the house will be an asset that is not in any way related to the company which owes you the money. A limited company is a separate legal entity and will be responsible for its own debts. The owner may have his own personal assets but they will not in any way be linked to the company and its debts. Your rights are against the company and its assets, not the owner’s personal assets, which are safe from any debts of the company. If the company had any assets, like property, you could seek to obtain a charging order against these but to do so you would need to apply to court first for the debt and get a County Court Judgment in your favour. Once you have that you can apply to the court for a charging order, which would give you the right to be paid out of the proceeds of a sale of the property. However, remember that this can only happen if the property in question is owned by the company, it would not cover any of the owner’s personal assets.
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