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Mortgage Repossession Defence Solicitors

A possession hearing is not the end — courts have wide powers to suspend repossession and give homeowners time to repay arrears.

Where mortgage arrears have built up and the lender has issued possession proceedings, the court has significant discretion. An Administration of Justice Act suspended possession order can allow you to remain in your home while repaying arrears — provided you can demonstrate a realistic plan to clear them. Attending the hearing and presenting your position properly is critical. A solicitor will advise on your options and represent you where needed.

Possession hearing representation Suspended possession orders Negotiation with lenders Urgent same-day advice available

Your Options

Mortgage repossession — what courts can do and how to present your case.

Courts do not automatically grant possession because the lender asks for it. The court considers the borrower's position and has wide powers to adjourn, suspend, or set conditions on any possession order.

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Administration of Justice Act suspended orders

Under the Administration of Justice Act 1970, the court can adjourn possession proceedings or suspend a possession order if it is likely that the borrower will be able to repay the arrears — and any future instalments — within a reasonable period. "Reasonable period" is interpreted generously and can extend to the remainder of the mortgage term. The borrower must demonstrate a credible and realistic repayment plan. A solicitor will prepare the financial evidence and present the plan at the hearing.

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Attending the possession hearing

Many homeowners do not attend their possession hearings — which significantly reduces their prospects of avoiding repossession. A court will only suspend a possession order where the borrower attends and presents a credible case. Even if you cannot pay the arrears immediately, attending and demonstrating a realistic plan — a pending benefit claim, a family payment, an agreement with the lender — can result in an adjournment that keeps your home. A solicitor will attend with you and present your case.

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Negotiating with the lender before court

Lenders must comply with the Mortgage Pre-Action Protocol before issuing proceedings — including exploring forbearance options (payment holidays, interest-only periods, term extensions, capitalisation of arrears). Where the lender has not complied with the protocol, or has not genuinely engaged with forbearance requests, the court can adjourn proceedings. A solicitor will identify any protocol failures and use them to strengthen your position at the hearing or in direct negotiations with the lender.

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Benefit entitlements and Support for Mortgage Interest

Support for Mortgage Interest (SMI) is a government loan scheme available to homeowners on Universal Credit or other qualifying benefits. It can pay some or all of the interest on a mortgage, preventing further arrears from accruing. Other benefit entitlements — particularly where the arrears arose from a change in circumstances — may also be relevant to presenting a repayment plan. A solicitor will advise on whether SMI or other support is available and how to use it to strengthen the case for a suspended order.

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Setting aside a possession order

Where a possession order was made in your absence — because you did not receive notice of the hearing or could not attend for a good reason — the court can set it aside on application. The application must be made promptly and must demonstrate a real prospect of successfully defending the possession claim. A solicitor will assess whether the grounds for setting aside are available and make the application urgently if a warrant for eviction has been issued.

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Challenging the lender's figures and conduct

Lenders are required to present accurate figures to the court. Errors in the arrears calculation, excessive charges that have been added to the account, and charges that are contrary to the Consumer Credit Act or FCA rules can all be challenged. Where the lender has treated the borrower unfairly in breach of FCA Mortgage Conduct of Business rules, a complaint to the Financial Ombudsman Service can run alongside the court proceedings. A solicitor will review the lender's account and identify any grounds to challenge the figures or conduct.

How It Works

Attending with a credible repayment plan is the difference between keeping and losing your home.

Courts regularly suspend possession orders where the borrower attends and demonstrates a realistic route to clearing the arrears. A solicitor prepares the financial evidence and presents it at the hearing — increasing your prospects significantly.

Submit Your Request
1

Tell us about the repossession

Describe the size of the arrears, the hearing date, any previous orders, and your current income and repayment capacity.

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Solicitor advises on your options

A specialist advises on the suspended order route, the lender's pre-action compliance, and the evidence needed to persuade the court.

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Urgent advice — same day where needed

Where a hearing is imminent, we prioritise. You receive advice and representation at short notice where your home is at immediate risk.

Urgent Help Available

Not attending the possession hearing is the surest way to lose your home.

A solicitor can represent you at short notice — and a credible plan presented to the court gives you a real prospect of keeping your home.

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Common Questions

Mortgage repossession — what people ask us.

If a possession order is made, do I have to leave immediately?

No. A possession order typically gives the borrower a set period — usually 28 days — before possession is required. A suspended order allows you to remain in the property provided you comply with the conditions (usually current mortgage payments plus a fixed amount off the arrears). If the lender then applies for a warrant of possession (a bailiff eviction), you can apply to the court to suspend the warrant — giving a further opportunity to demonstrate a repayment plan. A solicitor can make these applications urgently where a warrant has been issued.

My lender did not contact me about the arrears before issuing proceedings. Does that help me?

Potentially yes. The Mortgage Pre-Action Protocol requires lenders to contact the borrower, explore their circumstances, consider forbearance options, and only issue proceedings as a last resort. Where a lender has issued proceedings without following the protocol — or has done so in a way that is merely token compliance — the court may adjourn the hearing to allow proper engagement with the protocol. A solicitor will review the lender's pre-action conduct and raise any protocol failures at the hearing.

Is legal aid available for mortgage repossession cases?

Legal aid is available for mortgage repossession proceedings where your home is at immediate risk, you meet the means test, and the merits test is satisfied. The merits test is relatively generous in possession cases given the seriousness of losing a home. A solicitor will confirm at the first consultation whether legal aid is available. Many advisers also operate through the Housing Duty Scheme — providing free legal advice at court on the day of the hearing.

My mortgage arrears have built up because I lost my job. How does the court treat this?

The court considers the reason for the arrears and the likely future trajectory — not just the current figure. Where arrears built up due to a period of reduced income that has now improved, a credible repayment plan is realistic and the court is more likely to grant a suspended order. Where income has not recovered, the focus shifts to other options — lender forbearance, benefit entitlements, or a voluntary sale to avoid the costs and credit impact of forced repossession. A solicitor will assess the realistic options given your current financial position.

The lender has sent bailiffs to evict me. What can I do urgently?

Where a warrant of possession has been obtained and an eviction is imminent, an urgent application to suspend the warrant can be made to the county court — sometimes the same day if the eviction is on that day. The application must show a reason why the possession order should be reconsidered — a change in circumstances, a new repayment offer, or grounds that were not before the court when the order was made. Contact a solicitor immediately — this is a same-day emergency.

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