Repossession question.

KITTENPOP9

Hi. Our repossession order date is for 6/1/16, unfortunately the property we are due to move into has to have a new kitchen roof as there is water leaking in. The question I have is what will happen on that date if we haven't left our property? I have read somewhere that the lender then has to apply back to the court for a warrant of eviction, I am confused about this as how would the lender know that we haven't left our property? If this is correct would this give us a little more time and if so how long?
Any help/advice would be so appreciated, many thanks in advance.

debt_doctor

Hi,
Your information is correct. If you are still there after the original possession hearing and leave date has expired then nothing will happen.
The lender would need to apply for a warrant to evict / change the locks. This could take anywhere from a few weeks to many months, depending upon the lender.
Whenever you receive a document with an EVICTION date - then you must leave by that date.
DD

KITTENPOP9

Thanks for your reply but still a little confused... You stated that "nothing would happen" if we were still in the property on our repossession order date but would someone come to the property to check if we are still there OR do they apply for a warrant of eviction whether they know the property is empty or not? Sorry for asking for further clarification, huge thanks again.

debt_doctor

They normally wouldn't bother. In cases of non voluntary possession, they need a warrant to change the locks and enter - whether you are there or not.
DD

KITTENPOP9

Thanks again DD. So....basically what you're saying is we could stay in our property after our repossession order date and wait for the warrant of eviction if we needed to? Do you know if the warrant is sent in the post or hand delivered? Thank you.

debt_doctor

Yes, that is what I am saying.
There is a requirement on the mortgage lender to give notice via the post that they have or are about to apply for a warrant of eviction and once applied for, the bailiff has to issue the N54 notice of eviction by hand to anyone living their or post personally if no one home.
The notice tends to give at least 14 days notice of the actual eviction.
DD

KITTENPOP9

Huge thanks again DD, I'm sure this won't be the last time I'll be needing yours or this forums advice! : )