Court Orders

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The lender can only repossess your home if the court grants permission.

The judge could decide to:

Adjourn (delay) the hearing
Set aside the case, which means no order will be made and the hearing is finished
Make a repossession order

Outright possession order

An outright possession order means that the court has decided that your home can be repossessed by your mortgage lender. an outright order sets out a date you must leave your home by. this is usually 28 days after the court hearing.


A suspended possession order means that you can stay in your home as long as you keep to certain conditions. the conditions are set out in the court order.

The court could decide to let you stay, for example if you:

  • Pay your current monthly instalment plus a fixed amount off the arrears
  • Make a lump sum payment by a certain date
  • Make a series of extra payments on specified dates

The court could also let you stay to give you time to sell your home.

You can stay in your home as long as you keep to the conditions set by the court. if you break any of the conditions, your lender can apply to the court to send bailiffs to evict you.

Time orders

If you have fallen behind with payments on a second mortgage or a loan secured against your home, a time order is a way of asking the court to give you more time to pay your loan agreement. The court may be able to grant a time order if you have a second mortgage or a loan secured against your home. a time order cannot be granted on a mortgage taken out to buy your home.

Order to Adjourn the case

An adjournment means the case cannot be decided yet and the hearing is postponed. an adjournment may be indefinite or for a fixed period of time.

Reasons for an adjournment can include:

The court needs more information from you or your lender before making a judgment you are able to raise a lump sum to pay off the arrears and the judge considers this to be realistically possible

You are selling your home and need more time to complete the sale. The lender failed to follow the rules in the pre-action protocol

The judge will probably set conditions that you must meet while your case is adjourned.

For example, You may have to pay an amount towards your mortgage arrears each month. you increase your chances of staying in your home by keeping to the conditions.