When a landlord secures court orders or charging orders based on misleading information, concealment, or misrepresentation, it places the tenant in an impossible and deeply unfair position. Unfortunately, cases like this happen far more often than people realise — and many tenants simply accept the judgment, not knowing they may have strong grounds to challenge it.

This guide explains how misrepresentation, EPC issues, hidden insurance arrangements, and false witness statements can undermine the validity of a court order — and what steps a tenant can take.

Table of Contents

1. When a Court Judgment Is Based on Incorrect or Misleading Evidence

A landlord is required to act honestly and with full disclosure when bringing claims to court.
But problems arise when:

Rent is said to be unpaid when it was paid
Insurance contributions are claimed to be missing when the records show they were received
EPC obligations are denied even though the landlord previously obtained EPCs for nearby properties
The true condition of the property is concealed or misrepresented

When this type of information is presented to the court as fact, and the court relies on it, the resulting judgment may be considered:

a miscarriage of justice
a decision obtained by misrepresentation
fraud on the court

These issues go far beyond ordinary disputes — they strike at the integrity of the legal process itself.

2. Why EPC Misrepresentation Matters

In some cases, a landlord may argue that they “did not know” an EPC was legally required before granting a new lease.

But if the same landlord:

had previously obtained EPCs for neighbouring properties, or
was a long-term commercial landlord familiar with regulatory requirements,

then claiming ignorance may amount to false representation.

Where a landlord tells the court there is a “legal loophole” (sometimes called a lacuna) allowing a lease to be granted without an EPC — despite knowing one was required — this can materially mislead the court.

This undermines the outcome of the proceedings and may affect the enforceability of any order that flowed from it.

3. Insurance, Rent Pauses, and Withheld Documents

A major problem arises when:

A property suffers damage
Rent should be paused under the lease until a surveyor confirms habitability
But the landlord continues collecting rent or insurance rent anyway
And conceals or withholds the insurance policy itself

If rent was paused by operation of the lease, then:

❌ Claims of “non-payment” can be completely incorrect
❌ Attempts to forfeit the lease may be unlawful
❌ Charging orders for “arrears” may be based on false grounds

This is not a small technicality — it goes directly to the validity of the underlying debt.

4. When a Charging Order Becomes Unenforceable

A charging order is only enforceable if:

the debt is lawful
the landlord acted in good faith
the court order was obtained honestly

If a charging order was secured through:

misrepresentation
concealment of material facts
reliance on inaccurate statements of truth
a pattern of intentional misinformation

then the entire enforcement process is called into question.

Courts have the power to:

set aside the underlying judgment
halt enforcement
discharge the charging order
reopen the case entirely under CPR 52.30 (exceptional circumstances)

Equity refuses to assist a party relying on their own wrongdoing.

5. Disposal of Property and Financial Conduct

Where a landlord:

sells off property while proceedings are ongoing
transfers assets to avoid liability
ignores insurance obligations
continues enforcement despite being aware the debt is disputed

this raises serious questions about:

knowing assistance
abuse of process
concealment
potential money-laundering implications if rental income or insurance funds were misapplied

These issues do not depend on the tenant proving deliberate fraud — negligent misrepresentation and procedural unfairness are enough to reopen a judgment.

6. What a Tenant Can Do Next

If you suspect a landlord obtained a judgment or charging order using false or misleading information, you may have legal grounds to:

✔ Apply to challenge the charging order
If the underlying debt is tainted by misrepresentation, the court can refuse enforcement.

✔ Apply to set aside or reopen the original judgment
Under CPR 13.3 or CPR 52.30 in cases of injustice or serious procedural irregularity.

✔ Bring your own claim for misrepresentation
This includes negligent misstatement, deceit, or breach of statutory duty.

✔ Seek disclosure of documents the landlord withheld
Such as insurance documents, EPC records, rent ledgers, or communications.

✔ Request that the court reviews the entire sequence of events
Especially where the landlord’s conduct forms one connected pattern.

Many tenants do not realise how strong these legal arguments can be — and how the court views dishonesty or concealment extremely seriously.

Frequently Asked Questions

Can a charging order be challenged after it has been granted?

Yes. If the judgment or charging order was obtained using misleading, incomplete, or false information, the court can set aside or reopen the case — even long after the order was made.

Do I need to prove fraud to challenge the order?

Not always. Negligent misrepresentation, procedural unfairness, or a failure to disclose key documents can be enough to reopen or challenge the judgment.

What if the landlord claims they didn’t know an EPC was required?

If the landlord previously obtained EPCs for similar properties, the court may view claims of “ignorance” as misleading.

Can rent legally be paused after property damage?

Yes. Many leases automatically pause rent until the property is certified habitable. If the landlord continued collecting rent, the alleged arrears may not be valid.

Do I need a solicitor to challenge a charging order?

Not always, but legal advice is strongly recommended because these cases involve complex procedural rules and evidential issues.

Conclusion

A landlord should never benefit from misleading the court, withholding key evidence, or presenting inaccurate information. When a judgment or charging order is built on misrepresentation — whether intentional or negligent — the law provides several remedies to protect tenants from injustice.

If the order against you was based on incorrect, incomplete, or hidden information, you may have far stronger grounds to challenge it than you realise.

What to Do If You Need Help

If you want me to look at your situation and explain your options clearly,
reply with “LBA” and I’ll prepare a tailored outline of next steps.

When a Charging Order Is Built on Misrepresentation: What UK Tenants Need to Know