Understanding the consequences of breaking a court possession order.

For UK homeowners in distress, a court possession order represents the final act of facing home repossession. But what happens if a homeowner decides to break such an order? The consequences can be significant, both legally and personally. 

A court possession order is a legal directive that allows a lender (usually a bank or mortgage company) to take possession of a property due to mortgage default. This step is typically the final action in a series of legal proceedings initiated by the lender when a homeowner fails to meet mortgage repayments.

The most immediate consequence of breaking a court possession order is the initiation of eviction proceedings. Once the order is granted, staying in the property becomes unlawful. The court can issue a warrant for eviction, leading to the removal of occupants by court officers or the police.

Defying a court order is a serious offence and homeowners who refuse to leave the property can be found in contempt of court, potentially leading to fines or even imprisonment. This is a significant legal repercussion that can further complicate your financial and personal life.

Legal proceedings to enforce the order, including eviction, can lead to additional costs, which might include legal fees for the lender that could be passed on to the borrower, further increasing the debt owed.

Non-compliance with a court order can increase the negative impact on your credit rating, resulting in restricting access to credit, making recovery from financial distress even more challenging.

Other consequences of breaking a possession order could include access to new accommodation as Landlords and mortgage lenders often carry out background checks which may reveal past records.

Breaking a court possession order might feel like the only option when your back’s up against a wall, but understanding the consequences can encourage you to seek alternatives. These might include negotiating with the lender for a payment plan, seeking financial advice, or exploring legal avenues for dispute resolution.

If you are struggling, remember that support is available. Financial counsellors, legal advisors, and community organisations can offer guidance and assistance. 

If you need to speak to someone about your financial situation, you can find a list of helpful resources on our website.