Access support from the Council
If you are in mortgage or rent arrears and your landlord or lender is considering (or begun) action to repossess your home, it is important to take action. Mortgage lenders have to follow specific rules before they can take legal action or repossess your home. Contact our Housing Options Team as soon as possible as they can give you advice and advice, and refer you to specialist advisors if relevant.
The Housing Options Team can be contacted:
- Through our Enquiry Form
- By email
- By phone on 01653 600666
You can also follow the following ten steps
1. Communicate
Respond to any correspondence you receive from your landlord or mortgage company and talk to them about the situation. They may be prepared to enter into an agreement that could avoid the need for possession proceedings at all. Keep a written record of any correspondence and confirm what you agree in writing.
2. Get advice straight away
Try to get advice about what to do as soon as possible. Speak to the Duty Housing Options Officer at Ryedale House or contact Citizen’s Advice. There are other agencies and help-lines where you can also seek advice – please enquire with the Housing Options team for further information or see our website.
3. Make sure you turn up to court
We strongly advise you to attend court. Yorkshire Legal will be able to provide FREE legal advice and support you on the day at court. If you do not attend court, the judge will have no alternative but to award possession of your home to your landlord or lender.
4. Get to court early
Make sure you arrive in good time for your hearing. If your case is called on without you being there, an order will be made in your absence.
5. Try to reach an agreement
Even if proceedings have been issued it is never too late to try and reach an agreement, either before the hearing or even on the day of the hearing.
The earlier you seek help the better chance there is that we can prevent you becoming homeless.
6. Bring along someone to support you
You can take a family member or friend along for moral support however they may not be able to go into the court room with you.
7. Take all relevant paperwork to court
If there are documents that may be relevant to your case, for example, let- ters from the Benefits Agency or correspondence about the prospective sale of your property, bring them with you.
8. Tell the judge everything relevant
Once you are in the hearing you should ensure you explain to the judge in clear and concise language everything you think may be relevant to your case. A typical hearing will take about 10 minutes so time is limited to pre- sent your case.
9. Don’t assume that the judge will make a Possession Order
Judges are human and may have more sympathy for your situation than you give them credit for depending on the supporting evidence you provide.
10. Don’t assume that the judge will be a ‘soft touch’ either!
The judge can’t help you if there is nothing to work with, and can only make a lawful decision on the information presented to them.
Who else can help me?
If you decide to sell your home rather than having it repossessed, you can find advice about Assisted Voluntary Sale, Assisted Sale or Supported Sale. Click here for more information: Stepchange.
Some people can also get financial help from Job Centre Plus or the Pension Service, this is called Support for Mortgage Interest or SMI. More information is available at GOV.UK.
For free advice about mortgage arrears you can also speak to Citizens Advice. You can also get in touch with StepChange online or call them free on 0800 138 1111 (inc mobiles).
The Money Advice Service, National Debtline and Shelter also have websites with detailed advice if you are struggling to pay your mortgage.