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If you have to go to court

This section explains what happens if your lender starts proceedings in the county court to repossess your home.

Homeowners can only be evicted if the court makes a possession order, which they will only do in certain circumstances.

Even if the process has already started, it may not be too late to stop the repossession. The earlier you take action the more options you will have and the less you will have to pay in legal costs. Contact Shelter Cymru for help as soon as you can.

CORONAVIRUS UPDATE

Lenders can start court proceedings to repossess mortgaged properties during the pandemic but, even if a possession order is made against you, lenders should not repossess your home until after the 31 January 2021.

If your lender has started court action the court will tell you the date of any hearing.

If you are able you should still pay towards your mortgage while you are waiting.

Repossession should always be a last resort. If you are struggling to pay your mortgage because of coronavirus you might be able to apply for a payment holiday. Click here for more information.

What does my lender have to do to repossess my home?

Taking action to repossess a property involves a number of stages, which can take a few weeks or months.

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.

Get advice immediately and keep negotiating with your lender throughout the process. If you are in arrears you should try to pay as much as you can on a regular basis, even after court action has been started.

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.

Pre-action rules

Your lender must follow special rules before taking you to court for mortgage arrears. These include:

  • only taking court action as a last resort and after other options haven’t worked
  • giving you a reasonable chance to pay the arrears
  • giving you details of your payments over the past 2 years, the amount of your arrears, how much is left to pay on your mortgage and the interest or charges that will be added
  • referring you for debt advice if needed
  • considering any proposals you make for repaying your mortgage arrears and, if they don’t accept your proposals, writing to you within 10 working days to explain why.

If your lender doesn’t follow these rules, you might be able to stop or delay the eviction.

Notice from your lender

If your lender is not happy with your response to any pre-action letters, they should write to you again, warning you that they are going to start court action. They can then apply to your local county court for a possession order.

Receiving a claim for possession from the court
Once your lender has started or issued a possession claim, the court will write to you telling you that your lender has started a claim and when a hearing is to take place. When you hear from the court, if you have not already done so, you should get advice immediately about what to do next and make sure that you reply to the claim. Take a look at our page on Getting ready for court.

The hearing
At the hearing, the judge will hear evidence from you and your lender before making a decision. The judge will decide if you have any defence to the claim.

The judge may decide to:

  • adjourn the case
  • dismiss the case
  • 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, or
  • decide that you should be evicted.

Our page on what can the court do? explains what each of these mean.

The court order
If the judge decides that you should be evicted, the court order will set a date for you to leave. If you have not left by that date, your lender must apply to the court for a bailiff’s warrant. If your lender applies for a warrant, the bailiffs will write to tell you when the eviction is to take place.  On the date of the eviction, the bailiff will come to the property and if you are still in the property, remove you from your home.

Other pages in mortgage repossession

Court duty help desks
Preventing court action
Going to court
Can I stay in my home?
Ordered to leave
Accommodation after repossession
Sale by mortgage lender
Paying off mortgage debt
Repossession by a landlord’s lender
Your credit rating

See all advice topics

Phone an adviser

If you have a housing problem, call our expert housing advice helpline
08000 495 495

Email an adviser

If you have a non-urgent problem and would like to speak to an adviser
email us

Getting ready for court

This section explains what happens and what to do once your lender has applied to the court to evict you.

What happens in court?

Find out about what happens in court if your lender wants to repossess your home. In some courts you might be able to get help from a duty adviser.

Possible defences

You may be able to show the court that you have a defence to a repossession claim.

What the court can do

After the judge has listened to the case and looked at all the information, the court will make an order. There are a number of different orders that can be made.

We are sorry that we cannot provide this information in Welsh, however if you would like to speak to an adviser in Welsh please contact 08000 495 495.

This page was last updated on: November 19, 2020

Shelter Cymru acknowledges the support of Shelter in allowing us to adapt their content. The information contained on this site is updated and maintained by Shelter Cymru and only gives general guidance on the law in Wales. It should not be regarded or relied upon as a complete or authoritative statement of the law.

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