Repossession by your landlord's mortgage lender

If you're facing eviction because your landlord has fallen behind with their mortgage payments, you might be able to stay in the property for a short time.

The mortgage lender has to follow the right process to evict you. They might send you a legal notice, or take your landlord to court to get possession of the property. The letter might be addressed to you or to 'the occupier'.

How long you can stay depends on whether your tenancy is 'binding' on the landlord's mortgage lender.

It’s important to find out if your tenancy is binding as soon as possible. You might need to tell the mortgage lender or the court. If they don’t know your tenancy might be binding, they might only give you 2 weeks to move out.

Check if your tenancy might be binding

Your tenancy may be binding if any of these things apply to you:

• the landlord’s lender agreed to the tenancy

• you were living in the property when your landlord’s mortgage was granted

• the landlord's lender has recognised your tenancy in some way, for example, by asking you to pay them rent

If you think your tenancy may be binding, tell the mortgage lender. If you’ve had court papers, you should also tell the court. You should tell them as soon as possible so you get the right amount of notice to move out.

Use the contact details on the letter or documents from the court or mortgage lender. Once you’ve told them, the court will decide if your tenancy is binding or not.

If you're not sure how to tell the lender or the court, you can talk to an adviser.

If the court decides your tenancy is binding

The mortgage lender will become your landlord. 

They usually have to give you 4 months to move out. They might give you less time if there’s another reason to evict you - for example if you have rent arrears. 

They have to give you a document called a ‘section 8 notice’. The section 8 notice will explain why they want you to leave and when you need to move out. You can find out what to do if you get a section 8 notice.

If your tenancy isn't binding

The mortgage lender might either:

• give you a document called a ‘section 8 notice’

• take your landlord to court

If the mortgage lender gives you a section 8 notice

If you got the section 8 notice on or after 1 May 2026, the mortgage lender has to give you 4 months to move out.

They have to explain on the notice that they’re using ‘ground 2’ because your landlord has missed their mortgage payments. The mortgage lender has to use the same process as a private landlord would. Find out what to do if you get a section 8 notice.

If you got your notice before 1 May 2026, you might have a different notice period to move out. If you’re worried about your notice period, talk to an adviser.

If the mortgage lender takes your landlord to court

You have 2 opportunities to delay possession of your home by up to 2 months.

The first is before a judge issues a possession order. This is an order which says that the landlord's lender can take possession of your home and that you will have to leave by a certain date.

Before the hearing takes place, you can apply to the court to postpone the date by which you have to leave your home.

You will have to pay a fee to make an application to court. You may be able to get the fee waived or reduced if, for example, you are on benefits such as Universal Credit or are on a low income.

You can get help to apply to court from your nearest Citizens Advice.

Court hearings by phone or video call

The court will tell you what kind of hearing you’ll have. Check how to prepare for a hearing by phone or video call.

If you didn't apply to the court when the possession order was made, you have another opportunity to try to delay the repossession of your home. This is when the mortgage lender has applied for, or intends to apply for, a warrant of possession. The warrant of possession gives the court bailiff the authority to evict you from your home.

Before the lender can evict you it has to send a notice to your home saying that it is applying for a warrant. This is called a notice of execution of the possession order. At this stage, you can ask the landlord's lender to delay repossession for up to two months. If the lender refuses or does not reply to your request, you can apply to the court instead. But you should do this quickly because the court can issue a warrant of possession after 14 days have passed from the date on the notice that the lender sent to your home.

You can get help to contact the lender or apply to court from your nearest Citizens Advice.

You will have to pay a fee to make an application to the court. You may be able to get the fee waived or reduced if, for example, you are on benefits such as Universal Credit or are on a low income.

If repossession is delayed, you may be asked to make rent payments until you leave.

Repossession can only be delayed by up to a maximum of two months and you can only make one application for a delay to be made.

When you'll have to leave

If the mortgage lender has started court action against your landlord, they should send a letter to the property addressed to the Tenant or Occupier telling you about the court hearing in advance. But in some cases, you may not be aware there is a problem until the bailiffs send a notice to your home with details of the date they'll come to take possession of the property. They have to give you the notice at least 14 days before they evict you.

You will need to leave the property by this date. If you haven't left the property by this date, the mortgage lender may change the locks.

If you can't get into the property after the locks have been changed, you should contact the bailiffs or the lender so that you can be let into the property to collect your belongings.

Is there anything else you can do

You could consider suing your landlord for compensation for the loss of your tenancy, any storage costs and emergency accommodation. If you act quickly, you may be able to get compensation when the property is sold although this may depend on whether there is any money left from the sale of the property when the mortgage is repaid.

If you're facing eviction because of your landlord's mortgage arrears you should get advice, for example from your nearest Citizens Advice.

If you're homeless or about to be made homeless because of your landlord's mortgage arrears, you may be able to get help from your local authority.