535. Pre-action Protocol for possession claims based on mortgage arrears.

535.     Pre-action Protocol for possession claims based on mortgage arrears.

A pre-action protocol applies to possession claims1 based on mortgage arrears2 in respect of residential property3. The Protocol describes the behaviour the court will normally expect of the parties prior to the start of a possession claim4.

Prior to the start of a possession claim, the lender must provide the borrower with detailed information relating to the amount of arrears and advise the borrower to seek debt and housing advice5. The lender should also seek information about whether the property is occupied by an authorised tenant6.

The parties, or