π¬ Reassurance: Most lenders will work with you if you act quickly.
π¬ Reassurance: If you show genuine effort to sell or pay, lenders may pause proceedings.
π¬ Reassurance: Judges prefer to avoid eviction if a realistic plan exists.
π¬ Reassurance: Even on eviction day, you may still apply to suspend.
π¬ Reassurance: Debt solutions exist β seek advice early to manage any shortfall.
If You Do Nothing
β’ Court grants possession to your lender
β’ Bailiffs evict you and change locks
β’ Property sold, often below market value
β’ You still owe any shortfall + collection costs
β’ Repossession mark on credit file for 6+ years
Quick Action Checklist β Do These NOW
β
Call your lender TODAY β ask for payment holiday or repayment plan
β
Request a Redemption Statement β get total balance & arrears
β
Contact an estate agent, online agent, or cash buyer
β
Keep all proof of payments & communications
β
If court hearing set, attend with evidence of sale or repayment ability
β
Consider mortgage rescue schemes if eligible
π Standard Repossession Timeline:
Month 0: First missed payment β Arrears start
Month 1β2: Lender contact & support options
Month 2β3: Notice of Intended Possession (15+ working days before court)
Month 3β4: Court hearing β Possession order possible
Month 4β6: Bailiff eviction if order granted
Who Can Repossess
β’ Only your mortgage lender or secured loan provider can repossess under mortgage law.
β’ Very rarely, repossession can follow enforcement of certain court judgments secured against your property.
Why Repossession Happens
β’ Most common: missed mortgage or secured loan payments.
β’ Other triggers: letting without consent, failing to insure the property, serious neglect.
β’ In all cases, lenders must follow the Pre-Action Protocol (scroll to the bottom to see what this means) before going to court β if they donβt, you can use this to delay or stop proceedings.
π Where You Stand Right Now
β’ I have missed no payments β Go to Stage 1 below
β’ I have missed payments but no court letter β Stage 2 below
β’ I have a court hearing date β Stage 3 below
β’ I have possession order β Stage 4 below
β’ I have eviction date β Stage 4 below
Stage 1 β Immediate Actions (First 7 Days)
β’ Call your lender immediately β explain situation, ask about:
- Payment holiday
- Temporary repayment plan
- Extending mortgage term
β’ Request a Redemption Statement from lenderβs servicing team.
β± Timeframe: Within days
π· Cost: Β£0βΒ£50
Stage 2 β Medium-Term Actions (Weeks 2β6)
β’ Market your home for sale β estate agent, online agent, or cash buyer.
β’ Explore mortgage rescue schemes from councils/housing associations.
β’ Keep lender updated with sale progress.
β± Timeframe: 4β8 weeks
π· Costs: Agent fee 0.75β1.5% (no fees for private buyer), Solicitor Β£750βΒ£1,500, possible early repayment charges.
Stage 3 β Court Stage (Month 3β4)
β’ Youβll get a Notice of Intended Possession at least 15 working days before the hearing.
β’ At hearing, judge can adjourn, suspend possession, or grant outright possession.
Court Outcomes Explained:
β’ Suspended possession order = you keep the property as long as you stick to the repayment plan.
β’ Adjournment = case is postponed to a later date.
β’ Bring proof of income, payment offers, or sale activity.
Evidence Pack Checklist
β
ID and mortgage account number
β
Proof of income (payslips, benefits letters)
β
Recent bank statements
β
Detailed budget (income/outgoings)
β
Mortgage statements showing arrears
β
Proof of property marketing (agent contract, online listing)
β
Any offers received (memorandum of sale)
β
All correspondence with lender
β
Court paperwork and notices
β± Timeframe: Hearing set within 4β8 weeks of notice
π· Cost: Β£355 court fee + lender legal costs (added to debt)
Stage 4 β Eviction Stage (Month 4β6)
β’ If possession granted and you donβt leave, lender applies for bailiff warrant.
β’ County Court Bailiffs (or High Court Enforcement Officers) serve an Eviction Notice (usually 14+ days).
β’ On eviction date, locks changed immediately.
β± Timeframe: 2β6 weeks after court order
Stage 5 β After Sale
β’ Lender sells property, often below market value.
β’ If sale price < debt, you owe the shortfall.
β’ Lender may arrange payment plan or pursue debt via court enforcement (charging order, attachment of earnings, etc.).
Where to Get Help
β’ Citizens Advice β free legal and debt advice
β’ Shelter β housing advice & advocacy
β’ StepChange β debt charity offering repayment solutions
β’ National Debtline β confidential debt advice
π Pre-Action Protocol:
Lenders must make reasonable efforts to help you before going to court (offer solutions, respond promptly, consider your budget, and give time to sell). Keep all emails/letters. If they havenβt followed this, tell the judge β your case may be delayed or suspended while they comply.
π‘ Who Can Repossess: Only your mortgage lender or secured-loan provider can repossess under mortgage law. Landlords use tenancy law, which is a different process.
π Why Repossession Happens:
β’ Most common: missed mortgage or secured loan payments.
β’ Other triggers: letting without consent, failing to insure, serious property neglect.
β’ In all cases, the lender must follow the Pre-Action Protocol before court.
π¨ 48β72-Hour Triage (If court or eviction imminent):
β’ Call your lenderβs litigation team; confirm balance and next dates.
β’ Complete form N244 to ask the court to adjourn or suspend.
β’ Attach your budget, payment proposal, and/or proof of sale.
β’ Bring: income proofs, bank statements, arrears history, sale listing/offer, lender correspondence.
β’ Attend the hearing β do not miss it. Download form N244 from gov.uk or collect from the court office. Submit it with your evidence and fee (or apply for fee remission on form EX160).
βΉοΈ Bailiffs:
You will receive an eviction date (usually 14+ days). You can still apply to suspend the warrant up to the day. On the date, bailiffs can change the locks immediately. Arrange belongings removal beforehand. Bailiffs do not pack or store belongings β any items left may be removed by contractors or disposed of. Arrange moving help before the date.
π· Post-sale Shortfall:
If the sale price is less than the debt, the lender can require you to repay the shortfall. They may agree a payment plan or seek a court judgment and use enforcement. Interest and collection costs may be added.
Possible Overall Outcomes
Outcome | Credit Impact | Timeframe | Typical Costs | Next Steps
Keep Property | Arrears/defaults still recorded | Ongoing | Arrears repayments | Maintain plan
Voluntary Sale | Arrears/defaults on file | 4β12 weeks | Sale costs, early repayment fees | Complete sale promptly
Repossession Sale | 6+ years credit impact | 4β8+ months | Sale costs, shortfall debt | Seek debt advice
Bankruptcy/IVA | Severe credit impact for 6 years | Variable | Court/insolvency fees | Seek insolvency advice
For mortgage repossessions, the Pre-Action Protocol means:
Communication first β The lender must contact you quickly after you fall into arrears and explain the situation clearly.
Offer reasonable solutions β They must consider alternatives like:
Payment holidays
Reduced monthly payments
Extending the mortgage term
Giving you time to sell
Share clear information β They must give you up-to-date account statements, details of arrears, and information on free debt advice services.
Wait before court β They canβt just apply for possession immediately; they must give you a fair opportunity to resolve the problem.
Cooperate if youβre selling β If you have the property on the market, they should hold off court action for a reasonable period if progress is being made.
If they donβt follow it, you can tell the court.
The judge can delay or even dismiss the case until the lender complies.
It gives you negotiation leverage β lenders know a breach can weaken their case.