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The pre-action protocol for mortgage possession

Before a lender can start possession, they must follow a set process — and you can use it to your advantage.

Mortgage Arrears3 min readReviewed July 2026

Lenders in England and Wales must consider alternatives to possession, respond to reasonable proposals and give you time to seek debt help before starting a court claim.

Written offers to pay the contractual monthly payment plus a realistic amount towards arrears are usually the strongest starting point.

If a possession hearing is booked, attend it. Judges frequently suspend possession where the borrower is engaging and has a workable plan.

General information, not personalised adviceThis article is written to inform. It isn't personalised debt or legal advice, and Debt Compass is not authorised by the Financial Conduct Authority. A team member can talk you through the options and point you to a free debt help service or authorised insolvency practitioner before you decide on anything.