Allowed to stay
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
Whether you can stay in your home will depend on the type of decision the court made at the repossession hearing. You may be able to stay if the court decides to strike out or adjourn the case, or to make a suspended possession order.
When courts may agree you can stay
You may have been allowed to stay in your home because there wasn't a good enough reason to evict you or the judge believed you should be allowed to stay on condition that you can put the situation right (for example, by paying off your arrears) within a certain amount of time.
If you are not sure what the order said, you can ask the court office. If you don't understand what it means you can use our directory to find advice services in your area.
The case was struck out
If the judge decided to strike out your case, it means that your lender didn't have the right to evict you, or didn't follow the correct procedure. You can stay in your home and your rights and responsibilities will be the same as before. However, your lender or freeholder can ask the court to evict you again in future if new evidence is obtained and the correct procedure is followed.
The case was adjourned
If the judge has adjourned your case, it means that the case couldn't be decided at the hearing. This may have happened because:
- the judge needed more information to make a decision
- you needed time to raise a lump sum to pay off all/ or some of your arrears
- you were selling your home and needed time to complete the sale
- your financial position is uncertain or may change in the near future, for example, where you have applied for a job or you are likely to start receiving help with your mortgage costs from the DWP.
If you have mortgage arrears, you may have to pay a certain amount each week as a condition of the case being adjourned. It is very important to stick to these conditions.
If you don't, the judge is more likely to order you to leave when your case goes back to court. The judge should explain these conditions, and you should get written confirmation in the post when a copy of the order is posted to you. If it isn't clear, get advice.
Your case might have been adjourned indefinitely, or for a fixed period of time. In either situation, you have the right to stay in your home until a final decision or a further order is made by the court.
You may have been given a date for another hearing when the case was adjourned, or your lender may have to apply for a new hearing after a certain amount of time or if circumstances change. Use our directory to find a local advice service.
The court made a suspended possession order
If the judge makes a suspended possession order, you can stay in your home as long as you keep to certain conditions. The conditions should be explained in the order, but if it isn't clear, get advice. In many cases, it will say that you have to pay a certain amount off your mortgage arrears each month and keep up with your ongoing mortgage payments. When you have paid off the arrears, you simply need to continue to pay your normal monthly payments when they are due.
If you don't keep to the conditions of a suspended possession order, you can be evicted very easily. For example, if you miss just one payment, your lender can apply for a bailiff's appointment straight away. There isn't normally another hearing and you may only get a few days' warning before the bailiffs arrive to evict you. If you do miss one or more payments and/or you receive a letter from the bailiff, get advice immediately. There may still be time to stop the eviction.
If you think you are likely to have problems sticking to the conditions of a suspended possession order, you should contact your lender and get advice immediately. Don't put off dealing with the situation, as your lender (or other creditor) may be able to evict you very quickly if you don't come to an agreement.
Even if the situation seems hopeless, an adviser may be able to help you find a solution. For example, if your income has been reduced due to a change of circumstances it may be possible to get the conditions of the order changed to make the repayments more manageable. If you want to change the conditions of an order, you will need to apply to the court and may have to pay a fee. However, if you are claiming benefits or have a low income you may be able to get help with these costs.
Avoiding payment problems in future
If you are worried that you may have ongoing mortgage arrears problems, you should get advice to try to stop your arrears from increasing. If your lender or their solicitor contacts you about your arrears, don't ignore their letters or phone calls. If you don't respond, your lender is much more likely to take you to court.
If you are having financial problems use our directory to find advice services in your area. Alternatively, contact National Debtline. For example, it may be possible to negotiate with your lender to reduce your monthly payments by extending the term of your mortgage or switching to a different repayment method.
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