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There’s no fixed number of months of mortgage arrears that triggers repossession. Instead, lenders in England and Wales must follow a pre-action protocol before asking a court for a possession order, and the court expects to see that repossession is genuinely a last resort. How long the process takes depends on your lender, whether you can agree a way forward, and how you respond once you fall behind.
That uncertainty can feel worse than a fixed timeline. In practice, the risk grows the longer arrears build up without contact between you and your lender, so the most useful step is usually to get in touch and get advice early, rather than to try to work out a countdown.
Why there is no set number of months
Some homeowners search for a specific figure, such as “3 months” or “6 months”, but no such rule exists in law or regulation. The Financial Conduct Authority’s mortgage conduct rules require lenders to treat repossession as a last resort and to consider a range of options first, such as a payment arrangement, a temporary change to your payments, or extending your mortgage term. A lender that has not tried these is unlikely to get a possession order easily.
What actually happens depends on things a fixed number of months could never capture: how much you owe, whether you have engaged with your lender, whether a workable plan has been offered and broken before, and your wider circumstances. Two people with the same arrears balance can be in very different positions.
The pre-action steps lenders are expected to follow
Before court action starts, a lender is expected to:
- try to contact you and understand why you have fallen behind
- give you clear information about the arrears, including how much is owed and any charges
- discuss ways to help you pay, such as a payment arrangement, a temporary reduction in payments, extending the term, or a period of interest-only payments
- allow a reasonable time for any agreed arrangement to work
- only start court action once it is clear an agreement cannot be reached, or an arrangement has broken down
This is often referred to as the pre-action protocol. It exists because your home is at stake, and courts and regulators expect lenders to have tried to resolve arrears without going to court wherever that is possible.
What happens if your case does go to court
If a lender does start proceedings, you will be sent court papers with a hearing date. This is not the same as losing your home immediately, and it is a stage where getting advice matters most.
| Stage | What it involves |
|---|---|
| Arrears build up | Lender should try to contact you and offer help |
| Pre-action steps | Lender discusses options, allows time for an arrangement to work |
| Court papers issued | You receive a claim form and hearing date |
| Hearing | A judge decides whether to grant a possession order, and on what terms |
| Possession order | May be outright, suspended, or postponed depending on your circumstances |
| Eviction | Only follows a possession order, and only after further notice |
This table sets out the general order of events. It is not a timetable, and a case can pause or resolve at any stage, for example if you agree a new payment plan or successfully remortgage.
Free representation is available at most county courts on the day of a possession hearing through duty advice schemes, and getting to that hearing with advice already lined up can make a real difference to the outcome.
Getting a possession order does not always mean losing your home
A judge has options beyond an outright order. Depending on your circumstances, a court can suspend a possession order on terms, for example allowing you to stay as long as you keep up an agreed payment plan alongside your normal mortgage payments. This is one reason advice before the hearing matters: it can change the outcome significantly.
What this means if you want to remortgage with mortgage arrears
Current arrears, meaning payments you still owe, make remortgaging with a new lender difficult, and many lenders will not consider an application until the account is up to date. Historic arrears that have since been cleared are usually viewed more favourably, particularly if your payment record since has been clean. Our page on remortgaging with mortgage arrears sets out how lenders generally view both, and remortgaging with current arrears looks specifically at where you still owe missed payments.
If your case has already reached repossession or you are recovering from one, see remortgaging after repossession. It can take time before a new lender will consider an application, and getting your credit file and finances back on track first usually matters more than the calendar.
Steps to take now if you are behind
- Contact your lender before it contacts you. Lenders must treat customers in difficulty fairly and consider forbearance.
- Ask what happens to any missed payments and how they will be shown on your credit file.
- Get free, independent advice from MoneyHelper, StepChange or National Debtline so you understand your options before you agree to anything.
- If you receive court papers, do not ignore them. Free advice and, in many cases, free representation at the hearing is available. GOV.UK explains the repossession process step by step.
- Shelter also offers free, independent housing advice if you are worried about losing your home.
- Read our guides on what mortgage forbearance is and how to clear mortgage arrears to understand the options available before you need them.
There is no shortcut to a guaranteed timeline, but early contact with your lender and a free debt adviser consistently gives homeowners more choices and better outcomes than waiting to see what happens next.
Frequently asked questions
Is there a legal minimum number of missed mortgage payments before a lender can start repossession?
No. There is no fixed number set out in law. Lenders must follow a pre-action protocol under the FCA's mortgage rules, treating repossession as a last resort and showing they have tried to help you first, such as a payment arrangement. See remortgaging with mortgage arrears.
What should I do as soon as I miss a mortgage payment?
Contact your lender straight away, even before it contacts you. Ask what forbearance options may be available and how the missed payment will show on your credit file. Free advice from MoneyHelper, StepChange or National Debtline can help you plan your budget and prepare for that call.
Can I stop repossession once court papers arrive?
Often, yes. Getting free advice quickly, and attending the hearing with representation where possible, can lead to an agreed payment plan or a suspended possession order rather than losing your home. Courts commonly offer free duty advice on the day of a possession hearing.
Will mortgage arrears stop me remortgaging in future?
Current arrears usually need to be cleared before a new lender will consider you. Historic arrears that have since been cleared, followed by a clean payment record, are often viewed more favourably. See remortgaging with mortgage arrears and remortgaging with current arrears.
Does my lender have to offer me an alternative to repossession?
Lenders must consider forbearance options and treat repossession as a genuine last resort, but they are not required to offer a specific arrangement. What is realistic depends on your income, the size of the arrears, and your history with the lender. See what mortgage forbearance is.