This content applies to England only.

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

Taking action to repossess a property involves a number of stages, and this can take a few weeks or months. You may be able to stop the process at any stage, so get advice immediately and keep negotiating with your lender or freeholder.

Don't delay

The earlier you take action, the more options you are likely to have and the less you are likely to have to pay in legal costs. There are special rules about the procedures that must be followed at each stage – if things aren't done correctly, you may be able to stop or delay the eviction. Use our directory to find face-to-face advice services in your area.

Reasons for repossession

There has to be a legal reason for your home to be repossessed. The most common reason is if you have mortgage arrears, or arrears on another secured loan taken out against your home. If you are in arrears you should try to pay as much as you can on a regular basis, even after court action has started.

Leaseholders can also be evicted by their freeholder if they break the conditions of their lease (ie by not paying ground rent or service charges) but this is unusual.

The only other ways in which you can be made to leave your home is if a bankruptcy order is made against you, or if the local authority or another public body makes a compulsory purchase order to buy your home. The latter normally only happens if a major local development, such as a road widening scheme, is planned. If you are in this situation you will be entitled to compensation and should contact a local advice centre for help.

Notice from your lender

If you are in arrears with your mortgage, your lender, your freeholder or their solicitor, should first contact you, asking you to put the problem right. If they are not happy with your response, they should write to you again, warning you that they are going to start court action, and they can then apply for a possession order.

The claim form sent to you by the court

When your lender or freeholder begins the claim at the county court, the court will fix a date on which the claim will be heard by a judge. A court official will write the date of the court hearing on the front of the claim form and send this to you together with the particulars of claim and a defence form for you to complete and return to the court.

When you hear from the court (if you have not already done so) you should get advice immediately about what to do next. It is very important to reply to the court. Failing to reply to the claim can harm your case. An adviser may be able to help you prepare for the hearing, gather evidence and/or negotiate with the other side. If you instruct a solicitor, you may be entitled to legal aid.

If you need help, use our directory to find face-to-face advice services in your area.

The hearing

At the hearing the judge will hear evidence from you and your lender (or freeholder) before making a decision. The judge may:

• adjourn the case – if the case is adjourned, the judge may tell you and the lender to take certain steps before the matter comes back before the court
• strike out the claim – ie dismiss the case against you
• allow you to stay in the property provided you keep to certain conditions, such as repaying the arrears in instalments
• give you time to sell your property to avoid repossession
• decide that you should be evicted.

The court order

If the judge decides that your home is to be repossessed, the court order will set a date for you to leave. If you have not left by that date, your lender or freeholder must apply to the court for a bailiff's warrant. The bailiffs will write to tell you when the eviction is to take place, and when they will come – they also have the power to remove you from your home.

Send us feedback

Get advice by email