Property Repossession

If you have received a possession order you will not necessarily lose your property.

The 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 mortgage arrears within a reasonable time. If you do not maintain the repayments towards the mortgage 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 mortgage 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 mortgage arrears in full and continue making normal mortgage 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 mortgage 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, in which case you may be interested our Guide to Bailiffs section.

This information is intended to help with property repossession in the UK, if you would like any advice then please call the number below.