What steps should I take if a repossession order has already been issued?

If a repossession order has already been issued, establish exactly what type of order it is, what conditions it contains and whether an eviction has been authorised. You may still have options, including complying with a suspended order, applying to the court to change the arrangement, arranging repayment, or selling the property to clear the mortgage and related costs.

1. Identify the type and status of the order

A possession order does not always mean that you must leave immediately. In England and Wales, the court may make an outright possession order, which normally requires possession by a stated date, or a suspended possession order, which allows you to remain provided you meet specified conditions. The lender may also need a separate warrant of possession before bailiffs can evict you.

Read the order carefully and identify:

• the date by which possession must be given;
• any instalments or additional payments required;
• whether the order is suspended on conditions;
• whether a warrant or bailiff appointment has been issued; and
• any instructions about applying to the court or attending a hearing.

Do not assume that an order automatically gives the lender unrestricted possession on the day it is made. The precise wording and subsequent enforcement steps matter.

2. Obtain advice about changing or challenging the order

A housing solicitor or debt adviser can assess whether the order could be varied, suspended or set aside. The available procedure depends on the reason for the application and the stage reached. For example, a change in income, a realistic repayment proposal, an administrative error, or relevant evidence that was not available at the original hearing may affect the advice you receive.

In England and Wales, an application to the county court may be made using the appropriate court process, often including form N244, although the correct application and evidence depend on the circumstances. An adviser can help explain the grounds, fee position, supporting documents and whether a hearing is needed. Do not make an application simply to delay matters: it should be based on a genuine legal or practical reason and supported by evidence.

Mortgage possession procedures differ in Scotland and Northern Ireland. A local adviser should confirm which court process applies rather than relying on guidance written for another part of the UK.

3. Prepare a realistic proposal if keeping the property is possible

If you want to remain in the property, prepare evidence showing how the mortgage can be maintained. This could include a current income and expenditure statement, payslips or benefit information, bank statements, details of essential household costs, and evidence of any expected change in income. Explain the cause of the arrears and set out a sustainable proposal rather than offering an amount that cannot be maintained.

Consider whether the proposal addresses both the normal monthly payment and the arrears. A court or lender may need to see how arrears will be reduced over time. Obtain advice before agreeing to terms that leave no allowance for food, utilities, council tax, insurance and other priority costs.

4. Protect your position if enforcement has progressed

If you have received notice of a bailiff appointment or eviction, treat it as a separate stage requiring immediate legal attention. Ask an adviser whether there is a lawful application to suspend or postpone enforcement and what evidence is required. Do not obstruct bailiffs, remove fixtures, dispose of property belonging to the lender, or ignore official notices. These actions may worsen your legal position.

If leaving is unavoidable, arrange where you and other household members will live, protect important documents and medication, and record the condition of the property. If you rent out the property, obtain specific advice about tenants’ rights before taking any action.

5. Contact the local authority about housing options

Tell your council’s housing or homelessness service that possession proceedings have reached this stage. The council can assess your circumstances and explain what prevention or relief duties may apply. Eligibility can depend on factors such as household circumstances, vulnerability, local connection and whether the loss of the home was intentional. Ask what evidence is needed and keep copies of all correspondence.

Do not wait until the eviction date to investigate alternative accommodation. A council assessment does not automatically stop mortgage enforcement, so it should be treated as part of a wider plan rather than a replacement for legal advice.

6. Consider whether selling is the most practical route

If the mortgage cannot be maintained, a sale may be preferable to allowing the lender to repossess. Selling privately or through an estate agent may produce a better price in some circumstances, but the process involves marketing, viewings, a buyer’s mortgage and conveyancing. A cash buyer may offer a simpler route where the priority is to establish whether the property can be sold before enforcement progresses.

Before accepting an offer, request an up-to-date redemption statement from the lender. Compare the expected sale proceeds with the mortgage balance, early repayment charges, legal costs, arrears, court costs and any secured loans. A sale only resolves the mortgage debt if the available proceeds and any other funding cover the relevant sums. If the property is worth less than the secured debt, obtain advice before agreeing to a shortfall arrangement.

Use an independent conveyancer and tell them about the possession order at the outset. The transaction may need to be coordinated with the lender and the court timetable, and a buyer cannot guarantee that enforcement will stop merely because an offer has been made. Ask for the proposed timescales and conditions in writing, and do not rely on verbal assurances.

7. Keep a complete record

Create a file containing the possession order, claim number, hearing papers, lender correspondence, arrears statements, payment records and any enforcement notices. Keep notes of conversations, including names, dates and agreed actions. Send documents by a traceable method where appropriate and attend every listed hearing unless the court confirms otherwise.

The most suitable route depends on the order’s wording, the enforcement stage, your ability to maintain payments and the equity in the property. A solicitor or free debt adviser can help you decide whether an application, repayment plan, sale or housing assistance should be pursued, and whether more than one option should be considered at the same time.