How a possession order works?
If you receive a possession order you will not
necessarily lose your home.
In general, courts take the view that granting
an outright Possession Order is an extreme measure and should
only be done when there is no chance that the borrower can
rescue the situation. Instead one of the following may happen:
The matter is adjourned until a later date.
When all the information is available so that the court can
make a decision.
The possession order is suspended. This means
that the order is granted. However, the court feels that you
are likely to repay any arrears within a reasonable time.
If you do not maintain the repayments towards the arrears
then the lender can obtain an eviction warrant without the
need for a court hearing. This means that if you are having
difficulty keeping to the payments ordered by the court you
should seek further advice as soon as possible.
Possession is postponed. If you can convince
the court that at a future date you will be able to pay the
arrears in full and continue making normal payments, the granting
of the possession order may be postponed to a later date.
If it is clear to the court that you are unable
to repay the arrears and are unlikely to do so within a reasonable
period the Order will be granted. The court will notify you
of the period within which you must leave the property. If
you continue to stay in the property after this date then
steps will be taken to evict you.
Helpful contacts:
If you receive notice of a possession hearing
it is important that you act immediately. Your local Citizens
Advice Bureau will help you with all relevant paperwork and
may be able to come to the hearing with you. Visit
