Your landlord may have a mortgage on the property you rent. If they fall behind on the payments, the lender may start repossession proceedings. That puts
On this page
- What happens when a landlord's property is repossessed?
- The Mortgage Repossession (Protection of Tenants etc) Act 2010
- What notice must you receive?
- What to do if you find out about repossession proceedings
- What if you have paid rent in advance?
- Disrepair and mortgage repossession
- When should I contact Support for Tenants?
- Sources
- Related articles
Your landlord may have a mortgage on the property you rent. If they fall behind on the payments, the lender may start repossession proceedings. That puts your tenancy at real risk. But you have rights, and acting fast matters. Here is what happens to your tenancy and what you can do.
What happens when a landlord's property is repossessed?
A court may grant the lender a possession order and the property may be repossessed. What happens to your tenancy then turns on two main things: whether your tenancy came before or after the mortgage, and whether the lender agreed to it.
Authorised tenancies: The lender may have known about and agreed to your tenancy, or consented to letting. Then your tenancy may bind the lender. The lender takes the property with your tenancy still standing.
Unauthorised tenancies: The landlord may have let the property without the lender's consent, which many buy-to-let mortgages require. Then your tenancy may not bind the lender. The lender can potentially ask the court to remove you, even without a possession order against you.
The Mortgage Repossession (Protection of Tenants etc) Act 2010
The 2010 Act gives tenants some protection when a lender seeks repossession. Lenders must give notice to occupiers. The court can push back the date a possession order bites, by up to two months, so tenants have time to find somewhere else. The court can also make the lender give proper notice to any tenant before taking possession.
What notice must you receive?
Lenders must serve notice on the people living in a property before enforcing a repossession order. The court will not issue a warrant until the lender confirms that notice went to anyone who might be living there. If you were not given notice, tell the court.
What to do if you find out about repossession proceedings
- Do not ignore any court papers: Read anything about possession proceedings carefully. You may have the right to attend the hearing and have your say.
- Contact the court: Write to or attend the court handling the case. Ask to be joined as an affected party, or at least to have your say on pushing back any possession date.
- Seek housing advice urgently: Contact a housing adviser, law centre, or Citizens Advice immediately. The Mortgage Repossession Helpline (0300 300 0516) provides free advice in this situation.
- Go to the council: If you are at risk of losing your home, approach your local council as homeless or at risk of it. The council has a prevention duty. It must take reasonable steps to stop you becoming homeless.
- Do not leave early by choice: Leaving before the court-ordered date gives up your rights. You are entitled to stay until the possession order takes effect.
What if you have paid rent in advance?
You may have paid rent in advance to a landlord who never passed it to the lender. If the property is repossessed, you may lose those advance payments. You could claim the money back from the landlord, though that is hard if they have nothing to their name.
Disrepair and mortgage repossession
A mortgage repossession does not wipe out a disrepair claim against the landlord for the time you lived there. You can still pursue compensation for disrepair during your tenancy, even after the property is repossessed.
See our guide: /help-centre/can-i-claim-housing-disrepair-after-i-have-moved-out.
When should I contact Support for Tenants?
If your rented home has disrepair that your landlord has not fixed, and you are now also facing the threat of repossession, get urgent housing advice about the repossession. For the disrepair, we check whether you may have a claim and refer suitable matters to an SRA-regulated panel solicitor.
No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.
Sources
Related articles
- Can I claim disrepair after I have moved out?
- Homeless or being evicted, what to do
- What is a Section 21 notice?
We review every guide at least twice a year and update it when the law changes. If you spot something out of date or wrong, email help@supportfortenants.co.uk.
Reviewed against current housing law for England and Wales as at 15 June 2026. Checked by our SRA-regulated panel solicitors. This is general information, not legal advice for your specific case. Any compensation figures or ranges shown are illustrative only, not a promise; every case is different.
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