Poor Economic Climate...
Below are our articles on the subject of Poor Economic Climate. If you can't see what you are looking for our other categories are displayed on the left under 'Our Quick Links'...
Achieve a Quick House Sale
Different options to consider for homeowners who are in need of a quick house sale. The potential dangers of sell to rent back schemes....
Advantages and Drawbacks of a Private House Sale
An overview of a private house sale. What to do and what to bear in mind when selling your home privately....
Anti-Social Behaviour and the Demotion of Tenancies
When a local authority or other social landlord may apply for the demotion of a tenancy....
Appealing Against a Mortgage Repossession Order
How to appeal against a mortgage repossession order - or against any order made by a judge during the repossession process....
Applying to Set Aside or Vary a Possession Order
When and how to make a successful application for a possession order to be set aside or varied....
Applying to Stop Evictions
How to apply to a court to stop an eviction. The powers a judge has to stop an eviction in relation to different types of possession orders....
Bankruptcy and Repossession
An overview of the rules on the repossession and sale of a bankrupt person's property once a bankruptcy order has been made....
Borrowers with 'Bad Credit' Mortgages
The potential problems faced by borrowers with bad credit or sub-prime mortgages: higher interest rates and redemption penalties and the reduction in available mortgage deals....
Can Anything be Done Once your Home has been Repossessed?
What borrowers can do after eviction takes place. The courts’ powers to allow borrowers back into their homes, negotiating with the lender and retrieving belongings....
Changes to Housing Benefit Payments
The cap on housing benefit - part of an overall reduction of the UK’s housing budget - and the impact for tenants who rely on housing benefit to pay their rent....
Changes to Support for Mortgage Interest Payments
Changes to the way in which the support for mortgage interest benefit is calculated - and the possible impact of these changes on the number of housing repossessions....
Complaining About a Mortgage Lender
Complaining about a mortgage lender: following the lender's internal complaints procedure; taking a complaint to the Financial Ombudsman and how the Ombudsman deals with complaints....
Consumer Credit Mortgages
The main differences between consumer credit mortgages and ordinary mortgages....
Court Hearings
What to expect when a possession case goes to court. What a borrower can do to prevent the lender from repossessing and the different orders a judge might make....
Court Hearings in Landlord and Tenant Cases
What happens when a landlord takes a tenant to court to get a possession order. The different orders a judge may make and how to reduce the costs payable....
Dangers of Selling your Home and Renting it Back
The potential risks of selling your home to a company and then renting it back. How they make their money and why the threat of eviction may remain....
Defending a Mortgage Possession Case
Grounds on which a borrower might defend a mortgage possession case; and the pros and cons of seeking an adjournment if a possession order is still likely to be made....
Defending a Mortgage Repossession Case
What happens when a borrower has a genuine defence to a mortgage repossession case? The procedure for defending a mortgage claim and the potential costs consequences of pursuing a defence....
Defending a Rent Possession Case
A summary of some of the ways in which a tenant with an assured shorthold tenancy might be able to defend a possession case....
Different Types of Housing Tenancy in the UK
An overview of the different types of housing tenancies. The level of protection a tenant has from eviction depending on the type of tenancy....
Do I Have a Counterclaim Against My Landlord?
The possible impact of a valid counterclaim on a landlord's claim against a tenant for repossession of a rented property....
Do I Have a Legally Binding Tenancy?
Do I have a tenancy? Some questions to ask which may help an occupier work out whether they are a tenant....
Eviction for Rent Arrears
The different legal grounds that entitle a landlord to repossess when a tenant is in rent arrears....
Eviction When Tenants are Not in Arrears
When tenants can face repossession despite not owing any rent. The different requirements that have to be satisfied before a landlord can apply for a possession order....
Evidence in Mortgage Repossession Cases
The rules on evidence in mortgage repossession cases and the difference between the approach taken by the courts to the lender’s and the borrower’s evidence at a possession hearing....
Facing Eviction
Factors that lead to people facing the threat of eviction and what to do when they happen to you....
Falling Behind with Repayments
What happens when a borrower falls behind with repayments at various stages of the repossession process. Talking to lenders and making applications to the court....
Finding a Mortgage Deal
How to find a mortgage deal in a changing economic climate - advice for first-time buyers and those looking to re-mortgage....
Finding Somewhere to Live
How to find somewhere to live after eviction. Finding the money to pay for alternative accommodation and the organisations that can help people threatened with homelessness....
Get a Buyer for Your House in a Recession
How to sell during a recession: marketing the property successfully and getting the property on the market before it is too late....
Getting Help with Mortgage Payments
What to do when borrowers need help with their mortgage payments. The benefits available, Payment Protection Insurance and free debt advice....
Getting Your Deposit Back: The Tenancy Deposit Scheme
What landlords must do to protect tenants’ deposits: the tenancy deposit scheme, how it works and what to do if a landlord fails to use it....
House Sold For More Than the Arrears - What Happens?
What happens if a property is repossessed due to mortgage arrears and then sold by the lender for a price which is higher than the mortgage debt?...
Housing Benefit
Who is entitled to receive Housing Benefit to help with their rent. How to apply for Housing Benefit and the factors that determine whether an application is successful....
Housing Repossessions and the Right to Buy
Ex-local authority properties and repossession - why some people who exercised the right to buy may be particularly vulnerable to repossession and eviction....
How Does Payment Protection Insurance Work?
A guide to payment protection insurance - who supplies it, what it pays and which borrowers it is appropriate for. Potential problems to consider before taking payment protection insurance....
How to Stop Repossession
How to avoid repossession – options available to borrowers. Eviction is most likely to be avoided if action is taken as soon as a borrower starts struggling with their mortgage....
Landlord Hasn't Paid Mortgage, What Happens Now?
What happens to tenants whose landlords have fallen into arrears with their mortgage? Is there any protection against possession for tenants in this position?...
Lender's Solicitors
What to expect once the lender’s solicitors become involved and what can still be achieved....
Liability for Mortgage Shortfalls
What happens when a property is repossessed and the sale proceeds do not cover the mortgage debt, and what can be done to avoid being taken to court....
Money Judgments in Possession Cases
Money judgments in mortgage repossessions, how they differ from County Court Judgments and why lenders ask for them....
Mortgage Arrears Fees - Can I Claim Them Back?
The Financial Services Authority’s decisions on unfair mortgage arrears fees. Borrowers may be entitled to a refund of some of the fees incurred because their account was in arrears....
Mortgages - Words and Phrases
A guide to some of the words and phrases that a borrower is likely to hear at the court hearing of a mortgage possession claim....
Mortgages where Courts have Limited Powers to Assist
How to identify mortgages where the courts’ powers to make a suspended possession order are very limited....
Negative Equity
Negative equity and the impact it has on the behaviour of lenders and the courts....
Negotiating with Your Lender
The benefits of talking to your lender and why it is better to approach them before they approach you....
New Rules on Repossession for Tenants of Mortgaged Properties
A summary of the proposed changes to mortgage repossession law to give greater protection to the unauthorised tenants of mortgaged properties....
Pre-action Rules in Mortgage Possession Cases
A guide to new rules which apply to mortgage cases: the mortgage pre-action protocol and its impact on mortgage possession claims....
Pre-Action Rules in Rent Arrears Cases
The special pre-action rules which apply to some repossession cases started by local authority or housing association landlords because a tenant is in arrears with their rent....
Preparing for a Mortgage Repossession Hearing
Preparing for a mortgage repossession hearing - some simple steps which borrowers can take to make sure that a possession hearing runs smoothly and has an acceptable outcome....
Repaying Mortgage Arrears: Cheltenham & Gloucester V Norgan
The case of Cheltenham & Gloucester v Norgan and how it changed the approach taken by the courts to repossession cases based on mortgage arrears....
Repossession and Buy-to-let Properties
Buy-to-let properties and mortgage repossessions - how lack of planning may lead to repossession of both the tenanted property and the landlord’s home....
Repossession and Equitable Mortgages
Repossession and equitable mortgages: why a lender may have an equitable mortgage and how a lender can enforce an equitable mortgage with a repossession order....
Repossession and Mortgage Lenders Who Act Unfairly
Mortgage lenders who act unfairly - how to determine whether a mortgage lender’s behaviour is unfair and the consequences of this behaviour in a mortgage repossession case....
Repossession and Squatters
Squatters or trespassers - how they can be evicted from a property and how they can become the legal owners of a property they occupy....
Repossession and the Forfeiture of Long Leases
How the freehold owner of a leasehold property may apply to end, or forfeit, the lease due to a breach of the lease by the lessee....
Repossession for Arrears of Service Charges or Ground Rent
Repossession for arrears of service charges and ground rent. What happens when a freeholder brings a legal claim against a leaseholder for unpaid service charges or ground rent....
Repossession of Property With Commercial Premises
The legal procedure which applies when a landlord wishes to repossess a property, including commercial premises, which is let to a tenant under a business lease....
Repossession Stages
Every stage of the repossession process - from when an account first falls into arrears to eviction....
Selling or Re-mortgaging your Home
How to avoid repossession by selling or re-mortgaging. What a borrower should do to ensure that lenders and courts give them time to sell or re-mortgage....
Selling Your House at Auction
A guide to selling your house at auction. Registering with an auction house, preparing for the auction, the bidding process and completion of the sale....
Selling Your House Through an Estate Agent
What happens when a home is sold through an estate agent. The services estate agents provide and what vendors should expect....
Shared Ownership and Repossession
The double threat of repossession faced by the owners of shared ownership properties....
Should I Get My Property Repossessed and Declare Bankruptcy?
Negative equity and repossession - does a borrower remain liable for a mortgage shortfall if he declares himself bankrupt after the property is repossessed?...
Support for Mortgage Interest
Support for Mortgage Interest. A UK state benefit, available to some homeowners who are in receipt of another state benefit, which help with the interest part of mortgage repayments....
Suspended Possession Order
Explaining the effect of a suspended possession order and when a judge can grant one....
Taking in Lodgers to Help With the Mortgage
The benefits of taking in a lodger to help with the mortgage - and the important checks to make before allowing a stranger to move into your home....
Talking to a Mortgage Lender's Representative at Court
Talking to the mortgage lender’s representative before a possession hearing and why it might not be too late to reach an agreement....
Tenants and Buy-to-let Mortgages
Tenants and buy-to-let mortgages - how safe are they and what happens if the mortgage lender decides to repossess the property?...
Tenants of Mortgaged Properties: What Protection is Available?
The lack of protection available for a private tenant renting a property on an assured shorthold tenancy when their landlord falls into mortgage arrears....
Tenants of Repossessed Properties and the Role of Receivers
The role of LPA receivers - when a mortgage lender wants to repossess a property, which is occupied by tenants, due to mortgage arrears....
Tenants Whose Landlords are in Mortgage Arrears
What happens when a landlord is in mortgage arrears; whether a judge will listen to tenants; and, how easily a mortgage company can evict tenants....
The Costs of a Mortgage Repossession Case
The rules on costs in mortgage repossession cases - the mortgage lender may usually add their legal costs to the mortgage debt unless they have acted unreasonably....
The Council of Mortgage Lenders
What is the Council of Mortgage Lenders (CML)? The members, structure, purpose and functions of the UK mortgage industry's trade association....
The Defence Form in Mortgage Repossession Cases
The defence form in standard mortgage repossession cases. The information that a borrower may provide on the form and how the form will be used by the court....
The Homeowner's Mortgage Support Scheme
Borrowers facing a temporary drop in their income may be able to reduce their mortgage payments and avoid repossession with the Homeowners Mortgage Support Scheme....
The Mortgage Pre-Action Protocol Checklist
The mortgage repossession pre-action protocol checklist - the requirements on a mortgage lender to produce a completed checklist when applying to the court for a possession order....
The Mortgage Rescue Scheme
The government’s Mortgage Rescue Scheme was designed to help some of the most vulnerable householders avoid repossession and stay in their homes....
The 'Mortgages: Conduct of Business' Rules
Mortgage: Conduct of Business – the rules which apply to the residential first legal mortgage industry and their application in repossession cases....
The Outlook for Home Owners Mortgage Arrears
The outlook for borrowers in arrears with their mortgage - the approach being taken to arrears by lenders, the government and the courts....
The Repossession Prevention Fund
The Repossession Prevention Fund which was set up by the UK's previous government. One of the tools available to local authorities to help homeowners, and tenants, avoid repossession....
The Role of the Bailiffs in Property Repossessions
What happens when bailiffs come to repossess a property because of mortgage or rent arrears? County court bailiffs and their role in evictions....
Turning a County Court Judgement Into a Possession Order
How a creditor with a county court judgment may apply to the court, first for a charging order and then for a possession order, in respect of the debtor’s property....
Understanding Repossession
What happens if a mortgage company issues proceedings for mortgage arrears. How to get free advice and how to avoid having your home repossessed....
Unsecured Debt in an Economic Downturn
Dealing with unsecured debt: the methods used by debt collection agencies and working out when to prioritise between secured and unsecured debt....
Unsecured Loans & Charging Orders
What really happens when a lender appears to turn an unsecured loan into a secured loan....
What Are House Buyers Looking For?
A guide to what house buyers are looking for. The types of properties that appeal to buyers and how to make a property attractive to prospective purchasers....
What Are Introductory Tenancies?
Introductory tenancies - a system of probationary tenancies operated by some local authorities and housing associations. The repossession and eviction process for introductory tenants....
What Happens When Lenders Sell Repossessed Properties?
What happens when a property is repossessed and sold by a mortgage lender. The lender’s responsibilities to the borrower and the way in which the sale proceeds are apportioned....
What is a Sub-prime Mortgage?
What is a sub-prime mortgage? The problem with sub-prime mortgages for individual borrowers and for the economy as a whole....
Where to Find Personal Debt Advice
Where to get free debt advice – the largest providers of free and independent debt advice. The lack of regulation of debt agencies and the pitfalls of paying for debt advice....
Who Should Receive Notice of a Mortgage Repossession Case?
Who should receive notice of a mortgage repossession case? The individuals and organisations which the mortgage lender must notify before a mortgage repossession hearing....
Will My Tenant's Deposit be Returned?
What happens to the deposit at the end of a tenancy? The purpose of deposits and tenancy deposit schemes for tenancies which started after 6 April 2007....
Will the Court Give Me Time to Sell My Property?
An overview of the different approaches which may be taken in a repossession case when a borrower asks for time to sell the property....