Repossession

This content applies to England only.

Housing laws vary between England and Scotland. Get advice relating to Scotland

As a homeowner, you can only be evicted if your lender or freeholder can prove there is a legal reason for evicting you and if the correct procedure is followed.

Repossession doesn't happen automatically. It may be possible to stop the process at any stage. If you need help use our directory to find face-to-face housing advice services in your area.

Preventing court action

Explains how it may be possible to prevent court action if your lender or freeholder wants to evict you and repossess your home.

Steps before court action

The pre-action protocol for mortgage arrears cases aims to ensure that lenders take all reasonable steps to avoid repossession and only take homeowners to court as a last resort.

Court action for repossession

Information about what happens if a lender or freeholder takes court order to evict a homeowner and repossess her/his home.

Allowed to stay

Information about court decisions that mean you can stay in your home after a repossession hearing. This could be temporary or permanent, and may mean you have to stick to certain conditions.

Ordered to leave

Outlines what happens if the court decides to evict you. Explains the bailiffs' role and what happens to your home and your outstanding mortgage.

Private sale and rent back

Think carefully before signing up to a sale and lease back scheme. There may be major risks involved.

Repossession by a landlord's lender

Most tenants are in a weak position if their landlord's lender wants to repossess the property. But you may have some protection if your tenancy is binding on the lender.

Top 10 tips to avoid repossession

If you're struggling to pay your mortgage, it's essential to stay focussed on what's most important.


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