As a homeowner with a mortgage, your home may be at risk of repossession if you fall behind with your repayments. But what role do bailiffs play? Find out more with our comprehensive guide
What is a bailiff’s role in home repossession?
With the rising cost of living and increased interest rates, more and more homeowners are finding it hard to keep up with their mortgage repayments. Unfortunately, falling behind with these monthly payments can put your home at risk of repossession. While this is usually the lender’s last resort, it could lead to a visit from the bailiffs, who will be tasked with enforcing your eviction.
Bailiffs with the power to evict people from repossessed properties are typically employed by the local county court, but some lenders will choose to use High Court Enforcement Officers (HCEOs) instead.
It’s the bailiff’s job to execute an eviction warrant, ensure you and any other residents leave the property, and hand the keys back to the lender. You don’t need to wait until you’re evicted to leave; you can move out earlier if you prefer (and have a safe place to go).
When can a bailiff evict you?
Bailiffs can’t evict you or repossess your home unless certain steps have already been taken. Repossession should ideally only happen if an alternative solution can’t be found.
If you fall behind with your mortgage repayments and don’t arrange a debt management solution or alternative payment plan, your lender may choose to take legal action. These proceedings won’t usually happen straight away; typically, it’ll only be after you haven’t made payments for at least six months that the lender will start working towards a repossession.
A court hearing will then take place. If the court rules in the lender’s favour and issues an outright possession order, you still won’t be evicted straightaway. The lender must first apply for an eviction warrant or provide evidence that you’ve broken the terms of a suspended possession order. Lenders should also let you know that they’ve applied for this warrant in advance.
What are the different types of repossession order?
When the court holds a hearing to determine whether your home should be repossessed, there are three possible outcomes:
- The judge can adjourn or delay the hearing
- They can set aside or dismiss the case
- Or they can make a repossession order
If a repossession order is granted, you could receive an outright order or a suspended one:
Outright Possession Order
An outright possession order gives the lender the legal right to repossess your home on a set date, at least 28 days after the court hearing has taken place. If you don’t leave your home by that date, the lender can ask the court to evict you.
Suspended Possession Order
A suspended possession order will usually allow you stay in your home if you make regular payments following a schedule set out in the order. If you fail to keep up with this new agreement, the lender can start eviction proceedings.
However, possession orders aren’t the only potential verdict that a judge can issue to a homeowner:
Money Order
A money order requires a homeowner to pay their lender a set amount each month. If you miss a payment, it could be deducted from your wages, or a bailiff can be given permission to remove your goods to make up the missing balance, but a money order can’t be used to evict you.
Time Order
A time order happens when the judge changes how much you need to pay on your mortgage for a set time. This could mean they change the monthly repayment amount, reduce the interest rate, or allow you to delay a future payment while you get back on track.
Receiving your eviction date
If the lender receives an eviction warrant so that they can repossess your home, you should receive a letter containing the date you’ll be evicted. Ideally, this should be sent at least 14 days in advance and include the date and time that the eviction will take place, any steps you can take, and the contact details of both the bailiffs and the lender’s solicitor.
On eviction day
Once eviction day rolls around, the bailiffs will come to your property at the time outlined in your eviction notice. If you’re still inside, the bailiff will show you a form of ID and ask you to leave. They do have certain powers to ensure you leave, but they should act reasonably. This means they must not use violence or threatening behaviour, damage your personal belongings, or use offensive language towards you.
As soon as you’ve left the house, a locksmith will change the locks. The lender’s agent will also usually be in attendance so they can receive the old and new keys.
When can I remove my belongings?
While moving furniture and belongings at short notice isn’t easy, especially if your budget is tight, you should try to arrange for your items to be removed and stored before the eviction takes place, if possible. If you’re not able to do this in time, your belongings will be locked inside the property. The lender may give you two weeks after the repossession has taken place so you can remove any remaining items, but they can dispose of them if you don’t collect them within this agreed time frame.
How can I delay my eviction?
If you have a case against the eviction warrant or have taken debt advice so that you can start making mortgage payments again, you can apply to the judge and ask them to suspend the warrant of possession. This could delay your eviction or allow you to stay in your home while repayments are made.
Complete an application notice as soon as you receive notice of eviction and send or deliver it straight to the court. You can notify them that you need a hearing at short notice (before your eviction date) but will need to pay court fees unless you’re on benefits or have a low income. A new hearing will then be held, but keep in mind that the judge may not rule in your favour.
How can homeowners avoid repossession?
Keep up with your repayments
The best way to avoid a visit from the bailiffs is to keep up with your mortgage repayments. Of course, this isn’t always easy, especially when mortgage rates increase suddenly, your essential costs increase, or you lose your job unexpectedly. Even so, if you can make all your mortgage payments on schedule, there should be no need for the lender to repossess your home. You may also want to consider taking out Mortgage Protection Insurance, which can step in to cover your repayments in certain circumstances such as severe illness.
Prioritise your debts
When your debts are spiralling and creditors are chasing you, it can be tough to know where to start. A good rule of thumb is to prioritise the debts that will make the biggest impact on your life if they go unpaid. Your mortgage should be one of these priority debts, even if making that repayment means you fall further behind with other debts like your credit card bill or store card.
Seek debt advice
If you think you might miss a mortgage payment, don’t hesitate to seek debt advice. An independent advisor can help by taking the time to understand your situation and explain the debt managements options available. This could include both formal and informal solutions such as an Individual Voluntary Arrangement (IVA), Debt Management Plan (DMP), or Debt Relief Order (DRO).
Speak to your lender
As soon as you start to find it tough to pay your mortgage, get in touch with your lender. While it’s not guaranteed, they will likely be open to finding a solution that gets you back on track before the situation escalates to repossession. Depending on the lender and your individual circumstances, they might agree to reduce your repayments for a set time or elongate your mortgage term. However, keep in mind that you might end up paying more in interest overall.
Sell your property
If you’re at risk of having your home repossessed, but have not yet received an order of possession, you might be able to sell your home to pay off your outstanding mortgage. This option isn’t for everyone, it depends on the state of the housing market, can take time, and relies on you having an alternative place to live, but it might allow you to pay off your debts and start over.
Looking to find impartial bailiff advice? Our team of experts is here to help. Give us a call on 0161 504 7777 or send a message here
