Mortgage Possession

Landlord and Tenant Law in respect of Residential Property and Commercial Property is conducted within a complex framework of rules setting down law and procedure. Our Landlord and Tenant Solicitors and Barristers have an impressive track record in dealing with a broad range of Residential and Commercial Property cases.

Our Landlord and Tenant Solicitors and Barrister advise both landlords and tenants in relation to agreements for lease (including pre-lets), leases, re-gearing of leases, lease renewals, assignments, authorised guarantee agreements, licences, rent deposits and surrenders.

Our Landlord and Tenant Solicitors and Barristers can provide you with immediate advice upon a full range of property matters and represent you in Court at short notice if required.

What is a Mortgage Possession?

Mortgage possession involves legal proceedings in which a mortgagee, or other lienholder, usually a lender, obtains a court order for possession of a property, prior to exercising the mortgagor's equitable right of redemption.

Basically, if you default on your mortgage payments, your mortgage lender will want you to clear them. If you don’t do this, your mortgage lender will start court action against you. This is called possession action and could lead to you losing your home.

The Financial Conduct Authority (FCA) regulates all consumer mortgage lending, including the way lenders deal with arrears and possession on Regulated Mortgage Contracts (RMCs). A RMC has the following traits: 

  • the contract is one where a lender provides credit to an individual known as the borrower 
  • the contract provides for the obligation of the borrower to repay to be secured by a mortgage land
  • at least 40% of that land is used, or is intended to be used, as or in connection with a dwelling. 

The FCA updated its policy on mortgage possession in light of COVID-19 to forbid lenders enforcing repossession orders before 31 January 2021 except in exceptional circumstances, such as a customer requesting that proceedings continue.

The consumer credit guidance states that before 31 January 2021 lenders should not terminate a regulated agreement or repossess goods or vehicles under the agreement that the customer needs, except in exceptional circumstances.

If you think your mortgage lender breached the FAC rules OneLaw Chambers can help you raise a claim.

Why Instruct OneLaw Chambers for your Landlord and Tenant Case?

At OneLaw Chambers, our Landlord and Tenant Solicitors and Barristers regularly assist with many contentious and non-contentious landlord and tenant cases. We have assisted and represented many clients from all over the world achieving successful outcomes for them.

OneLaw Chambers has defended the interests of successful individuals, businesses and brands for many years, pursuing matters swiftly and robustly where necessary. With a dedicated team of Landlord and Tenant Solicitors and Barristers, OneLaw has an established property practice acting in complex residential and commercial property transactions.

Our Landlord and Tenant Solicitors and Barristers fiercely and tenaciously represent you in putting forward the strongest possible case, ensuring that you are always satisfied with the manner in which we represent you and that a successful outcome is achieved in your case without significant cost and expense to you.

We are committed to ensuring that our Landlord and Tenant Solicitors and Barristers prepare every landlord and tenant case with utmost quality and skill so that successful outcome is achieved every time. Our Landlord and Tenant Solicitors and Barristers operate in a friendly and cooperative manner to provide our clients with the best client care and service during the entire landlord and tenant case process.


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