In the UK, a possession order can be stopped, but the process and outcome depend on the circumstances surrounding the case. A possession order is usually granted by the court to a lender, typically following missed mortgage payments, giving them the right to repossess a property. However, if you’re facing such a situation, you do have various options that could potentially halt or delay the process, providing you time to resolve the issues at hand.

One of the most common ways to stop a possession order is by reaching an agreement with your lender. This can happen at any stage, even after court proceedings have begun. Lenders are often willing to negotiate if you can show a genuine commitment to repaying the debt, perhaps through a payment plan that addresses both arrears and future mortgage payments. Open communication with your lender is key here, as they are more likely to work with you if you are proactive about your situation.

Another option is to apply for a variation of the court order under the “suspended possession order.” This can be done if you can demonstrate that you have the ability to make ongoing mortgage payments and clear the arrears over a reasonable period. Courts are generally open to such proposals, especially if your financial issues were temporary and you now have a plan to maintain regular payments.

Additionally, filing a “time order” under the Consumer Credit Act 1974 may provide further relief, as it allows you to request more time to pay off the mortgage arrears in manageable instalments. This type of application is usually applicable to second-charge loans (like secured loans on top of the primary mortgage) and could stop or delay the possession process if granted.

Your possession order may be due to complex financial struggles. In these cases, seeking advice from debt charities or professionals can offer alternative solutions, such as reviewing the fairness of the mortgage agreement or assessing whether your lender followed proper procedures. We have known instances where possession orders were overturned because a lender did not follow the pre-action protocol for mortgage arrears, which requires them to work with the borrower to avoid repossession wherever possible.

If none of these options is successful, the last line of defence may be applying to the court to suspend or adjourn the eviction. This can provide a small window of time for you to make payments or seek further legal assistance.

Ultimately, stopping a possession order is possible, but it requires timely action, good communication with your lender and sometimes legal intervention. If you’re facing the possibility of losing your home, you should explore these options as early as possible to increase your chances of retaining your property.

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