How to Stop House Repossession: A Comprehensive Guide (2024)

Updated: September 2024

Are you worried and want to know how to stop the repossession of your house? With repossession claims in England and Wales recently hitting a five-year high, it’s more important than ever to understand how to protect yourself. Our guide will show you the following:

The legal rights every homeowner should know to prevent repossession
Practical steps to manage mortgage arrears and negotiate with lenders
Alternative solutions that can help you avoid repossession, even when negotiations fail

MENU CLOSED
OPEN MENU

What Is House Repossession and Why It Happens

House repossession is when a lender, like a bank or mortgage provider, takes back ownership of your home because you’ve fallen behind on mortgage payments. It’s usually a last resort after other efforts to sort out the debt haven’t worked.

Data from the Ministry of Justice shows that mortgage possession claims reached 5,343 in the three months leading up to June—a 34% jump compared to last year. Landlord possession claims also rose by 9%, with 24,495 cases as tenants struggled to keep up with their rent.

Even though these numbers have increased, they’re still below what we saw before the pandemic, despite the Bank of England’s steep interest rate hikes—the most severe we’ve had in decades. To put things in perspective, the peak was 26,419 claims in 2009, right after the financial crash when stricter mortgage rules were introduced.

Though repossession rates are lower than before, many households are feeling the pinch due to higher mortgage repayments. The Bank of England has increased interest rates 14 times in a row to tackle inflation, pushing up mortgage costs for millions.

Thankfully, last year, major UK banks agreed to give struggling mortgage holders a 12-month grace period to help ease the pressure.

In 2023, there were 26,315 repossessions in England, with Birmingham seeing the highest number at 528. However, London had higher repossession rates per 1,000 households, showing that the problem is widespread.

People end up in this situation for all sorts of reasons—financial difficulties, divorce, or other life changes. If you’re struggling with your mortgage, it’s important to act fast. Here are two key things to remember:

Stay calm – It’s not the end of the world, and there are steps you can take to avoid repossession.
Speak to your lender – The earlier you reach out, the better your chances of finding a solution.

Repossession can be stressful, but knowing your options can make a big difference. With hundreds of homes being repossessed every month in the UK, it’s important to know what you can do to avoid losing your home.

House Repossession Process

The repossession process starts when you fall behind on your mortgage. Your lender will usually try to talk things through and see if a solution can be found. But if the debt keeps growing and you can’t reach an agreement, they might decide to take legal action to repossess your home.

In the UK, there are strict rules lenders must follow before they can go to court. They have to give you all the details about the missed payments, discuss why it’s happened, and consider any offers you make to clear the debt.

If it gets to the point where they go to court, a hearing will be held, and both you and the lender can state your case. If the court sides with the lender, you’ll get a date by which you’ll need to leave the property. If you don’t, bailiffs may be brought in to evict you.

Your Legal Rights During Repossession

Facing repossession is a difficult and stressful experience, but knowing your rights can make all the difference. As a homeowner in the UK, you have legal protections in place that can help you during the repossession process.

First, your lender cannot simply take your home away without following the correct legal steps. In most cases, they must abide by the Pre-Action Protocol.

This requires them to explore every possible option with you before they can apply to the courts for a repossession order. This includes discussing your situation, giving you clear information about what you owe, and considering any payment proposals you offer.

If repossession proceedings do reach court, you'll have the chance to present your case. You can explain your financial situation, show any efforts you've made to resolve the debt, and discuss any proposals with the judge. In some cases, the judge may delay or even halt the repossession, giving you more time to get back on track.

It's important to remember that you don’t have to navigate this process alone. There are free services, like Citizens Advice and National Debtline, that can offer legal guidance and support. They can help you understand your rights, guide you through the court process, and even assist in negotiating with your lender.

Let’s say Jane, a homeowner in Leeds, has fallen behind on her mortgage payments after losing her job. She’s been struggling to keep up with her bills, and her lender has started sending letters about the arrears. Jane is worried she’s going to lose her home, but she doesn’t realise she still has rights and options.

Jane’s lender can’t just repossess her home straight away. By law, they must follow the Pre-Action Protocol, which means they’re required to try and work with Jane first. They offer to discuss her financial situation and explain exactly what she owes. Jane takes this opportunity to talk things through with the lender and offers a payment proposal. Unfortunately, the lender rejects her offer, and things move to court.

At the court hearing, Jane brings evidence showing her efforts to clear the debt, along with proof that she’s actively looking for new employment. The judge sees that Jane is making an effort and decides to delay the repossession. This gives her more time to find a job and start making regular payments again.

In the meantime, Jane reaches out to Citizens Advice for guidance. They help her understand her legal rights and assist with negotiating a new payment plan with her lender. With this extra support, Jane manages to avoid losing her home and gradually gets back on her feet.

This scenario shows how knowing your rights can give you time and options during the repossession process, even when things seem overwhelming.

Effective Ways to Handle Mortgage Arrears and Take Control

Falling behind on your mortgage payments can lead to serious consequences like repossession. If you miss a payment, your lender will usually get in touch to discuss repayment options. Ignoring these communications can quickly escalate the situation.

In the first quarter of 2024, UK Finance reported that 1.11% of homeowner mortgages and 0.69% of buy-to-let mortgages were in arrears. That’s 96,580 homeowner mortgages in arrears by 2.5% or more, with 32,470 in serious arrears, up by 6% from the previous quarter.

Charles Roe, director of mortgages at UK Finance, said: "The number of mortgages in arrears, while still low, continues to rise as households remain under pressure from the cost of living and higher interest rates."

Despite this, Melanie Spencer, Sales and Growth Lead at Target Group, sees a positive shift, noting that "growing competition among lenders has helped put a potential move back on the radar for many people."

If you’re facing arrears, here’s how to take control:

Don’t ignore the problem: Act quickly to prevent the situation from worsening.
Contact your lender: Your lender may offer solutions like a payment holiday or spreading arrears over future payments. Reaching out early gives you more options.
Prioritise your mortgage: Keeping your mortgage payments a priority can help avoid further financial trouble. Debt advisors can also help you manage multiple obligations.
Seek professional advice: Organisations like Citizens Advice and StepChange offer free advice to help you navigate your options and negotiate with your lender.

Advice from Our Property Expert Paul:
Mortgage arrears can damage your credit score, so addressing the problem early is essential. The Money Advice Service and other charities can offer support and help you take steps to avoid long-term damage.

New data from the Bank of England shows that while the value of mortgages in arrears has risen to £21.9 billion, the number of new arrears cases has dropped by 5.3% compared to last year. This demonstrates that early action can make a real difference in preventing repossession.

Different Ways on How to Stop Repossession of Your House

If you're facing repossession, it can feel like you're running out of options, but there are practical steps you can take to turn things around. Here’s how:

1. Get Professional Advice

When facing repossession, talking to an expert can make a big difference. Debt advisors, solicitors, and housing counsellors can offer tailored advice to your situation. They can help you figure out how to manage your arrears and negotiate with your lender.

Many organisations, like Citizens Advice, National Debtline, and Shelter, offer free advice, so you don’t have to worry about the legal costs.

2. Talk to Your Lender as Soon as Possible

As soon as you start having trouble with payments, get in touch with your mortgage lender. The sooner you contact them, the more options you might have. Lenders could offer you:

Payment holidays: a temporary break from payments
Arrears repayment plans: spreading out your overdue payments
Extended mortgage terms: lengthening the term of your mortgage to reduce monthly payments

Early action can give you a better chance of resolving the situation and keeping your home.

3. Build Up a Buffer

If your mortgage allows it, try to make extra payments when you can. Having a financial cushion can help you cope with unexpected difficulties.

It might let you reduce your mortgage balance or take a payment holiday if things get tough later on.

Tip: Look into additional income sources, such as part-time work or freelance opportunities, to boost your finances. Demonstrating increased income can strengthen your case in negotiations or court.

4. Keep in Touch – Don’t Miss Calls or Appointments

Ignoring communication from your lender won’t make the problem go away. Stay on top of all correspondence and keep records of every letter and phone call. This can be crucial if you need to contest anything or prove you’re trying to sort things out.

5. Claim All Benefits Available

Check if you’re eligible for any benefits that could help with your mortgage. This includes Universal Credit, Housing Benefit, and other support schemes. If you have mortgage payment protection insurance, it could also help cover your payments for a while.

Tip: Keep detailed records of your financial hardship, including income changes, job loss, or medical expenses. Providing clear evidence of your situation can support your case and potentially lead to more lenient terms.

6. Do Not Hand the Keys Back Right Away

Don’t just give up and hand over the keys without getting advice. You’re still responsible for the mortgage debt even if you leave the property.

If you do, your mortgage debt will increase, and your name will appear on the mortgage repossessions register, making it extremely difficult to get a mortgage in future.

Instead, consider selling your home yourself or through a house-buying company. Selling while you’re still in the house might get you a better price than a quick sale after repossession.

If there’s a shortfall after the sale, lenders might pursue you for the remaining debt, but there are rules that could limit this.

7. Turn Up for Court Hearings

If you’re summoned to court, make sure you attend. This is your chance to explain your situation to the judge and present any solutions you’ve come up with.

Once you receive a court date, prepare all relevant documents and evidence to strengthen your case. Sometimes, the judge might issue a suspended possession order, which allows you to remain in your home as long as you keep up with an agreed repayment plan.

8. Be Wary of Payday Loans & Sell-to-Let Schemes

Payday loans can be tempting but are risky due to their high-interest rates, which can make your situation worse.

Sell-to-let schemes, where you sell your home and rent it back, might offer temporary relief but can lead to more problems if you struggle to keep up with the rent. Consider all the options carefully before committing.

Alternative Solutions to Prevent Repossession

While talking to your lender is often the first step in preventing repossession, it’s not your only option. There are other practical steps you can take to protect your home, even when discussions with your lender don't go as planned.

Our team has put together some alternative solutions that might help you avoid losing your property.

1) Sell Your Home to a Cash Buyer

If you're facing repossession and don't see a way out, selling to a cash home buyer could be a quick solution. These companies can purchase your home in as little as 7 days allowing you to pay off your mortgage debt and avoid the stress of repossession.

This option gives you control over the process, and you can often sell the property for a reasonable price without the long wait of traditional estate agent sales.

2) Rent Out Your Property

If you're struggling to make mortgage payments, renting out your property (or even a part of it) could provide some much-needed extra income. Depending on your lender's terms, this rental income might help you cover your monthly payments and reduce the financial strain.

Just remember, becoming a landlord comes with responsibilities, so weigh this option carefully.

3) Seek Financial Aid and Support

There are government schemes and financial support options available to homeowners in difficulty. You might be eligible for Support for Mortgage Interest (SMI), which helps cover interest payments on your mortgage.

Additionally, exploring all benefits you may qualify for, such as housing benefits, could make a big difference.

4) Consider Selling and Renting Back

In some cases, you may be able to sell your home and then rent it back. While you’ll no longer own the property, this option allows you to stay in your home as a tenant. However, it’s important to be cautious—there are risks involved, such as potential eviction if you fall behind on rent payments.

These solutions can offer a lifeline when you feel like all hope is lost.

Final Thoughts & Key Takeaways

Facing house repossession is stressful, but it doesn’t mean you’re out of options. By knowing your legal rights, acting early, and getting expert advice, you can find ways to keep your home.

Whether it’s working out a deal with your lender, building a financial buffer, or even selling your property on your own terms, there are practical steps you can take to regain control. The most important thing is to act quickly, stay informed, and be proactive in finding the best solution for you and your family.

Key Takeaways:

Seek help early – The sooner you reach out to your lender or a professional advisor, the more options you’ll have to avoid repossession.
Know your rights – Understanding the repossession process and your legal protections can make a big difference when facing financial difficulties.
Explore all options – Whether it’s negotiating new payment terms, selling your home, or claiming benefits, acting quickly can open up more opportunities to avoid losing your home.

How can Housebuyers4u Help you Through a Repossession?

At Housebuyers4u, we often get asked by homeowners "Can I sell my property fast" if want to avoid repossession and the short andswer is yes.

We operate as true cash buyers and have already helped hundreds of homeowners avoid repossessions by purchasing their homes outright for a cash lump sum.

We guarantee to buy any house in any condition within 7-14 days, irrespective of your financial situation, so if you're struggling with arrears and face repossession of your home, don't delay – get in touch with us immediately.

Our expert team works closely with the seller, ensuring all their questions are answered. This makes it a stress-free process for all parties, which results in a smooth sale.

Have a read of one of our success stories where we helped Mrs Alsop avoid repossession.

Frequently Asked Questions on How to Stop Repossession of House

1Can I stop my house from being repossessed after legal proceedings have started?

Yes, even if legal proceedings have begun, it’s still possible to stop the repossession. You can try negotiating with your lender, presenting your case in court, or seeking alternative solutions such as selling the house before repossession is finalised.

2Will repossession affect my credit score?

Yes, repossession can have a significant impact on your credit score, making it more difficult to secure loans or credit in the future. It’s important to act quickly and explore options to stop the process before it reaches this stage.

3Can I sell my house to avoid repossession?

Absolutely. Selling your home to a cash buyer, like Housebuyers4u, can be a quick way to clear your debts and avoid repossession. This option allows you to take control of the situation and prevent the lender from selling the property at a lower price.

4Is renting out my property an option to avoid repossession?

Yes, if your lender agrees, you can rent out your property to generate income and cover your mortgage payments. This can be a good short-term solution, but make sure you understand the responsibilities involved with being a landlord.

5What government support is available to help me avoid repossession?

There are schemes such as Support for Mortgage Interest (SMI), which can help cover interest payments on your mortgage if you're eligible. It’s worth exploring other benefits you might qualify for to reduce your financial burden.

6What should I do if I can’t reach an agreement with my lender?

If negotiations with your lender don’t work, it’s important to seek professional debt advice. Organisations like Citizens Advice or National Debtline can guide your options, including financial and legal aid to help you stop repossession.

Need Help Selling Your House or Got a Question?

Get started with a free quote