Pre-action protocol—possession claims based on mortgage or home purchase plan arrears in respect of residential property

The following Property Disputes practice note provides comprehensive and up to date legal information covering:

  • Pre-action protocol—possession claims based on mortgage or home purchase plan arrears in respect of residential property
  • Aims
  • Scope of the protocol
  • Further matters to consider before starting a possession claim
  • Action prior to start of possession claim
  • Initial contact
  • Payment proposals
  • Postponing the start of a possession claim
  • Authorised tenants
  • Compliance

Pre-action protocol—possession claims based on mortgage or home purchase plan arrears in respect of residential property

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:

  1. proceedings for possession

  2. forfeiture of business leases on the grounds of non-payment of rent

  3. a landlord's right to exercise Commercial Rent Arrears Recovery (CRAR) and enforcement agents taking control of goods

  4. service of various notices to recover possession of residential properties

  5. practice and procedure in the First-tier Tribunal (Property Chamber) and Upper Tribunal (Lands Chamber)

  6. insolvency legislation of both a permanent and temporary nature

For further information and guidance, see: Coronavirus (COVID-19)—implications for property.

This Practice Note explains the scope and aims of the Pre-Action Protocol for Possession Claims Based on Mortgage or Home Purchase Plan Arrears in Respect of Residential Property (the Protocol), which describes the behaviour which the court will normally expect of the parties prior to possession proceedings being issued. It considers what a lender needs to do when a borrower is in default, whether a claim should be started or postponed after it has commenced and how the lender must deal with any payment proposals made by the borrower. It also deals with the position in relation to authorised tenants and the consequences of a failure to comply with the Protocol.

Aims

The

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