The mortgage repossession hearing: what to expect
Most possession hearings are short, and what you bring with you can change the outcome. Here is how to prepare and what the judge can decide.
Applies to: England & Wales
What to do now
- Return the defence form within 14 days of the court sending it.
- Contact the Housing Loss Prevention Advice Service through the court or Shelter as soon as the papers arrive.
- Prepare an income and spending statement with the budget calculator and print it.
The defence form
The claim pack includes a defence form. Use it to explain why you fell behind, what has changed, and what you can pay. If the lender did not follow the pre-action protocol — for example it did not consider a reasonable offer, or did not wait while you had a claim in for Support for Mortgage Interest, payment protection insurance or a genuine sale — say so, with dates. Mention any complaint you have with the Financial Ombudsman.
What to bring
- Recent payslips, benefit award letters and bank statements.
- A written offer: your normal monthly payment plus a set amount towards the arrears.
- Evidence of anything that will improve things, such as a job offer or a new benefit claim.
- If you are selling, a letter from the estate agent and details of any offer.
- Copies of your letters to the lender and its replies.
You can bring an adult friend or adviser with you.
What the judge can do
Under section 36 of the Administration of Justice Act 1970, the court can adjourn, or suspend or postpone possession, if it looks likely you can pay the arrears within a reasonable period while keeping up the normal payments. The courts have accepted that a reasonable period can be as long as the remaining mortgage term.
| Outcome | What it means |
|---|---|
| Adjournment | The case is put off, often to give time for a sale, a benefit decision or a trial payment period. |
| Suspended order | You stay as long as you make the payments set in the order. |
| Outright order | The lender is entitled to possession on the date given, usually 28 days after the hearing. |
| Money order or money judgment | An order to pay a set amount. A money order alone cannot be used to evict you. |
| Time order | The judge changes your payments for a set time. Usually only available on some loans, such as a second mortgage. |
If you cannot attend
Contact the court before the hearing and ask for it to be adjourned, explaining why and sending evidence. If you do not attend, the judge is likely to give the lender possession.
After the hearing
Keep to any payments the order sets. If your situation changes, you can apply on form N244 to vary the order. If an outright order was made, or you think the judge got the law wrong, get advice the same day about your options, because time limits are short.
You never have to pay for debt advice. MoneyHelper (government-backed), StepChange, National Debtline and Citizens Advice all give free, confidential advice with no obligation.
Common questions
What happens if I miss my repossession hearing?
The judge is likely to make a possession order in your absence. If you could not attend for a good reason, get advice straight away about applying to have the order set aside.
What is a suspended possession order?
An order that lets you stay in your home as long as you pay what the court sets, usually your normal payment plus an amount towards the arrears. If you miss payments, the lender can ask for a warrant to evict.
Can I get free legal help at the hearing?
Yes. The Housing Loss Prevention Advice Service gives free legal advice and can represent you on the day, even if you have not had advice before.