The mortgage repossession process, step by step
Repossession is a long process with several points where you can act. Here is each stage, what the lender has to do first, and where you have room to respond.
Applies to: England & Wales
What to do now
- Work out what you can afford with the budget calculator and send the lender a written offer.
- Ask the lender in writing for the arrears figure and your payment history for the last two years.
- Put every date you are given into the deadline planner.
The stages in order
| Stage | What happens | Where you can act |
|---|---|---|
| 1. Missed payments | The lender must deal with you fairly and consider forbearance, such as extending the term, changing the mortgage type, deferring interest or adding the arrears to the balance. | Tell it what has changed and make a written offer. |
| 2. Pre-action protocol | Before a claim, the lender must give you the instalment amount, your payments over the last two years and the total arrears, and respond to any proposal. If it rejects one, it should give written reasons within 10 business days. | Tell it about any claim for Support for Mortgage Interest or mortgage payment protection insurance, any genuine sale, or a complaint to the Financial Ombudsman. Each is a reason it must consider waiting. |
| 3. Court claim | The court fixes a hearing at least 28 days after the claim is issued, normally within eight weeks. The papers must reach you at least 21 days before. The lender must also write to “the occupier” and to the council’s housing department. | Return the defence form within 14 days. |
| 4. Hearing | A judge can adjourn, dismiss the claim, suspend possession on terms, or make an outright order. | Attend with proof of income and a realistic offer — the hearing explained. |
| 5. Warrant and eviction | If an order is not kept to, the lender asks the court for a warrant and bailiffs send a notice with the eviction date. | Apply to suspend the warrant before the eviction date, using form N244. |
| 6. Sale | The lender must market the home as soon as possible and get the best price that might reasonably be paid. | Any surplus is yours. Any shortfall is still owed — mortgage shortfall. |
The Mortgage Charter
Lenders that signed the government’s Mortgage Charter committed that customers will not be forced out of their home within 12 months of the first missed payment without their consent. If your lender is a signatory, you can refer to that commitment when you write to it.
If you decide to sell
Selling the home yourself usually gets a better price than a repossession sale. Under the protocol, if you take reasonable steps to market the home at a sensible price, the lender must consider postponing court action to give you time. Keep it informed: send the sale details, the energy performance certificate (or proof one is ordered) and any offers, and let the estate agent and solicitor speak to the lender.
Free help at every stage
The Housing Loss Prevention Advice Service gives free legal advice once you have written notice that you may have to leave, and can represent you on the day of the hearing. Shelter and your council’s housing options team can also help — find your council. Scotland has different repossession law: see Scotland. Northern Ireland has its own court procedure: see Northern Ireland.
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
How long does mortgage repossession take?
There is no fixed time. Lenders must try alternatives first, and lenders that signed the Mortgage Charter have committed not to force anyone out within 12 months of the first missed payment without consent. Once a claim is issued, the hearing is normally within eight weeks.
Can my lender repossess without going to court?
Not if you live in the home and do not agree to leave. The lender needs a possession order and then a warrant before bailiffs can evict you.
Should I just hand the keys back?
Handing the keys back does not end the debt, because any shortfall after the sale is still owed. It can also affect help from the council with housing, so get free housing advice before you decide.