Property Repossession

If you receive a possession order you will not necessarily lose your home.

In general, courts take the view that granting an outright Possession Order is an extreme measure and should only be done when there is no chance that the borrower can rescue the situation. Instead one of the following may happen:

• The matter is adjourned until a later date, when all the information is available, so that the court can make a decision.
• The possession order is suspended. This means that the order is granted. However, the court feels that you are likely to repay any arrears within a reasonable time. If you do not maintain the repayments towards the arrears then the lender can obtain an eviction warrant without the need for a court hearing. This means that if you are having difficulty keeping to the payments ordered by the court you should seek further advice as soon as possible.
• Possession is postponed. If you can convince the court that at a future date you will be able to pay the arrears in full and continue making normal payments, the granting of the possession order may be postponed to a later date.

If it is clear to the court that you are unable to repay the arrears and are unlikely to do so within a reasonable period the order will be granted. The court will notify you of the period within which you must leave the property. If you continue to stay in the property after this date then steps will be taken to evict you.

Helpful contacts:

If you receive notice of a possession hearing it is important that you act immediately. Your local Citizens Advice Bureau will help you with all relevant paperwork and may be able to come to the hearing with you. Visit www.nacab.org.uk for a list of CABs close to you.

Another good source of help is www.home-repo.org as this is a site that specialises in repossessions.

Shelter also has a 24-hour advice line.
You can contact them on FREEPHONE 0808 800 4444.
Their advisers will tell you your rights, explain your options and help you to take action.

If you have previously had a property repossessed and are now finding it difficult to get a mortgage, visit the Who's Lending website