If you are behind on your mortgage, you have real, enforceable rights - and your lender has duties it cannot skip. Knowing them changes the balance of the conversation. This guide sets out your rights in mortgage arrears in the UK in 2026 and what your lender must do before it can repossess.
Repossession must be a last resort
Lenders are regulated by the Financial Conduct Authority and must treat you fairly. They must make reasonable efforts to reach an agreement with you as an alternative to repossession, and they must not repossess unless all other reasonable attempts to resolve the position have failed. Repossession is, in law and in regulation, a last resort - not a first response to arrears.
What your lender must do
Under the pre-action protocol and FCA rules, your lender should: give you clear information about your arrears, including any interest or charges added; consider reasonable requests to change how or when you pay; consider alternatives such as a payment arrangement, extending the term, or deferring interest; and respond to your proposals - if it refuses, it must give its reasons in writing, normally within 10 business days. It should not start court action while a solution is still being actively explored.
Your rights at court
If a case does reach court, you have the right to attend, to put your side, to ask for time and for a suspended order, and to free help from the court duty adviser on the day. A judge - not the lender - decides, and must consider whether repossession is reasonable. The full picture is in the repossession process.
Holding your lender to it
If you feel your lender is not treating you fairly - ignoring reasonable proposals, adding unfair charges, or rushing to court - you can complain to the lender and then to the Financial Ombudsman Service, which is free. A free adviser or Shelter can help you challenge unfair treatment. Knowing your rights, and using them, often changes the outcome.
Frequently asked questions
What must my lender do before repossessing my home?
Treat you fairly, give you clear information about the arrears, consider reasonable proposals and alternatives such as a payment plan or term extension, reply in writing (usually within 10 business days), and treat repossession as a genuine last resort.
Is repossession really a last resort by law?
Yes. FCA rules and the court pre-action protocol require lenders to make reasonable efforts to agree an alternative and not to repossess unless all other reasonable attempts have failed.
What if my lender is treating me unfairly?
Complain to the lender, then to the free Financial Ombudsman Service if unresolved. A free debt adviser or Shelter can help you challenge unfair charges or a rush to court.
Do I have rights at the court hearing?
Yes. You can attend, put your case, ask for time and a suspended order, and get free help from the court duty adviser. The judge decides and must consider whether repossession is reasonable.