Guides & advice

The pre-action protocol

Before any court action, your lender must:

• Write to you explaining the amount of arrears and giving you a chance to pay
• Consider any reasonable requests to change the way you pay
• Provide a breakdown of what is owed
• Wait a reasonable period before applying to court

If your lender has skipped any of these steps, a judge may refuse or delay the possession order.

At the court hearing

A possession hearing is not the end. The judge will consider:

• Whether the lender followed the pre-action protocol
• Whether you can make a reasonable proposal to clear the arrears
• Whether a suspended order (giving you time) is more appropriate

You can attend the hearing yourself or appoint a solicitor. Free legal representation is available through housing duty solicitors at most county courts.

After a possession order

Even after a possession order is granted, you can apply to have it suspended or set aside using an N244 application if your circumstances have changed or if you can now make payments. The sooner you act, the more options you have.

Immediate steps

1. Don’t ignore letters from your lender. Engaging early gives you the most options.
2. Contact your lender to discuss payment arrangements. They’re required to consider reasonable proposals.
3. Get free legal advice. Shelter (0808 800 4444) and Citizens Advice offer free, confidential guidance.
4. Consider selling before it reaches court. A voluntary sale protects your credit file and gives you control over the process.

If you already have a court date

• Attend the hearing — judges are far more sympathetic to people who show up
• Ask for a housing duty solicitor at court (free)
• Prepare a financial statement showing what you can afford to pay
• If you’re selling, bring evidence (an accepted offer or a letter from a buyer like us)

The sale option

Selling your property before repossession completes means you clear the mortgage, protect your credit rating, and keep any remaining equity. A quick sale to a cash buyer can complete in 7–14 days — fast enough to stop most possession proceedings.

Do you need probate?

If the property was solely owned by the deceased, you’ll need a grant of probate (or letters of administration if there’s no will) before you can sell. This typically takes 8–12 weeks to obtain, though complex estates can take longer.

Costs of keeping an inherited property

While the property sits unsold, the estate is liable for:

• Council tax — a 100% charge applies after the first 6 months of vacancy
• Buildings insurance — standard policies often don’t cover empty properties
• Maintenance — an empty property deteriorates quickly
• Security — empty homes are targets for squatters and vandalism

Capital Gains Tax

If the property has increased in value since the date of death (the probate value), you may owe Capital Gains Tax on the difference. Selling quickly minimises this exposure.

Can you sell before probate is granted?

You can market the property and agree a sale before probate, but you cannot legally complete the sale until the grant is issued. We regularly work around probate timelines and can exchange contracts subject to probate being granted.

Do you have to sell?

Not always. The main options for the family home are:

• Sell and split the proceeds — the cleanest option for a fresh start
• One party buys the other out — requires remortgaging in one name
• Transfer of equity — one party takes full ownership
• Mesher order — sale is deferred (e.g., until children reach 18)

Can you sell without your partner’s agreement?

If both names are on the title, both parties must agree to sell. If one party refuses, the other can apply to the court for an order for sale under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). The court considers factors including children’s welfare, both parties’ needs, and the purpose for which the property was acquired.

Impact on divorce proceedings

The financial settlement in divorce proceedings typically cannot be finalised until the property situation is resolved. A quick, clean sale can speed up the entire divorce process and let both parties move forward.

How we help

We act as a neutral third party and can work with both parties’ solicitors. Our fixed 75% offer means there’s no negotiation over price — it’s based on an independent valuation, removing one source of conflict.

Red flags

• They offer 90%+ of market value. No genuine quick-sale buyer pays this. If it sounds too good to be true, they’ll reduce the offer later.
• They won’t name their solicitors. Legitimate buyers have established solicitor panels and aren’t afraid to name them.
• They ask you to pay for a valuation. A genuine buyer covers all costs.
• They pressure you to sign quickly. You should always have time to take independent legal advice.
• They’re actually a lead generator. Some “we buy any house” sites just sell your details to multiple investors.

Questions to ask any quick-sale company

1. Are you buying the property yourself, or passing my details to a third party?
2. What percentage of market value do you pay?
3. Will the offer change between now and completion?
4. Who are your solicitors? Can I verify their SRA registration?
5. Are you a member of the NAPB or registered with The Property Ombudsman?
6. What happens if I change my mind?

Our answers

We buy directly (not a lead generator). We pay 75% — always. The offer doesn’t change after formal valuation. Our solicitors are named on our website with SRA numbers. We’re applying for NAPB membership. And you can walk away at any point with no cost.

Open market (estate agent)

• Price: Typically 95–100% of asking price (after negotiation)
• Costs: 1.5% + VAT agent fees, ~£1,500 solicitor, EPC, possible repairs
• Net proceeds: Approximately 87–93% of market value after all costs
• Timeline: 4–6 months on average
• Risk: ~30% of agreed sales fall through

Quick sale (us)

• Price: 75% of independently verified market value
• Costs: None — we cover everything
• Net proceeds: 75% of market value (what you’re offered is what you get)
• Timeline: 7–28 days
• Risk: 0% — guaranteed cash completion

When a quick sale makes sense

A quick sale typically makes sense when:

• You need to sell urgently (repossession, court deadlines, separation)
• The property has issues that make it hard to sell (structural, short lease, condition)
• You value certainty and speed over maximising the price
• You want to avoid the stress of viewings, negotiations, and chain risk
• The cost of delay (empty property, council tax, mortgage payments) is significant

When it doesn’t

If you have time, a property in good condition, and no urgency, selling through an estate agent will almost certainly get you more money. We always encourage people to explore all their options first.

1. Check accreditations

Look for memberships to industry bodies such as the National Association of Property Buyers (NAPB) and The Property Ombudsman (TPOS). Members must follow a strict code of conduct, and you can escalate complaints to the Ombudsman if things go wrong. Also check for RICS (Royal Institution of Chartered Surveyors) and NAEA (National Association of Estate Agents) affiliations.

2. Ask for references

A legitimate buyer should be happy to provide references from previous clients. Speak with them directly about their experience — how long it took, whether the price changed, and how they felt throughout the process. Check Trustpilot and Google Reviews for independent opinions. Pay attention to how the company responds to negative reviews — it tells you a lot.

3. Verify them on Companies House

Search for the company’s registered trading name on Companies House. Check how long they’ve been trading, who the directors are, and whether there are any red flags in filing history. Their registered name should be in the website’s Terms and Conditions. Research the directors on LinkedIn to see if they have a genuine professional history.

4. Request proof of funds

A genuine cash buyer must be able to prove they can pay in full without relying on loans, mortgage lenders, or third-party investors. Ask for proof of funds — a recent bank statement or letter from their bank confirming they hold sufficient funds. If they can’t provide this, they may not be a genuine cash buyer.

5. Get solicitor verification

Your solicitor (or theirs) can confirm whether funds are held and ready. A legitimate company will have named, SRA-registered solicitors on their panel and won’t be afraid to share their details. Check the solicitor’s SRA registration independently at sra.org.uk.

6. Confirm no third-party involvement

Some companies that advertise as “cash buyers” are actually lead generators — they collect your details and sell them to investors or other buyers. This creates chains, delays, and uncertainty. Ask directly: “Are you buying the property yourself with your own funds?” If they hesitate or talk about “investors” or “partners,” walk away.

7. Check the offer is realistic

No genuine cash buyer can offer 90–100% of market value. The economics simply don’t work. If an offer sounds too good to be true, it will almost certainly be reduced later in the process. A legitimate company will be upfront about what percentage they pay and why.

8. Confirm flexible completion dates

One of the main benefits of a cash sale is flexibility on timing. A genuine buyer should be able to complete on a date that suits you — whether that’s 7 days or 3 months.

Our position

We buy directly with our own funds (not a lead generator). Our solicitors are named on this website with SRA numbers you can verify independently. We pay 75% of market value — always — and the offer doesn’t change after our RICS-qualified surveyors have assessed the property. We’re applying for NAPB membership and welcome you to verify everything we’ve stated here.

What happens when you miss payments

1. Month 1–2: Your lender contacts you by letter and phone. They must offer to discuss payment options.
2. Month 3–5: Arrears build up. Your lender may register a default on your credit file.
3. Month 6+: Your lender may begin possession proceedings. You’ll receive a court summons.

The key point: lenders don’t want to repossess. It’s expensive and time-consuming for them. They are required by FCA rules to treat you fairly and consider alternatives.

Your options

• Payment plan: Agree to pay off arrears gradually alongside your normal payments
• Mortgage holiday: Some lenders allow a temporary break in payments
• Switch to interest-only: Reduces monthly payments temporarily
• Government support: Support for Mortgage Interest (SMI) is available if you receive certain benefits
• Sell voluntarily: Selling before repossession protects your credit and preserves your equity

Free help

These services are free, confidential, and independent:

• National Debtline: 0808 808 4000
• StepChange: 0800 138 1111
• Citizens Advice: citizensadvice.org.uk
• Shelter: 0808 800 4444

Monthly costs of a typical empty property

Cost	Typical amount
Council tax (after 6-month exemption)	£150–300/month
Buildings insurance (empty property premium)	£80–150/month
Gas/electric (standing charges)	£40–60/month
Maintenance / garden upkeep	£50–100/month
Security / periodic checks	£30–50/month
Total	£350–660/month

Over a typical 5-month open-market sale, that’s £1,750 to £3,300 in running costs alone — before agent fees and solicitor costs.

Hidden costs

• Value deterioration: Empty properties lose condition faster than occupied ones
• Insurance complications: Many standard policies won’t cover a property that’s been empty for 30+ days
• Council tax premium: Some councils charge a 100%–300% premium on long-term empty properties
• Stress and time: Managing a property remotely takes time you could spend elsewhere