That general stay may well be extended although county courts have been taking steps to prepare for hearings to re-commence soon.
The Financial Conduct Authority (FCA) has published updated guidance, the key points of which are below for mortgage lenders, mortgage administrators, home purchase providers and home purchase administrators,
In terms of repossessions, the guidance says:
Breach of the Mortgage Conduct of Business Rules does not, without more, create a defence to a claim for possession however a Defendant may have a claim for damages which can be relied upon by way of a set off to argue that execution of a possession order should be suspended. As Simler J said in Thakker v Northern Rock plc  EWHC 2107 (QB).
The FCA has also suggested that even where lenders are not regulated under the Financial Services and Markets Act 2000, such lenders may still be in breach of general consumer protection law if they do not follow the FCA’s guidance which states:
“Where there has been an assignment of the rights under the mortgage contract to a non-authorised person, the person must still comply with general consumer protection law including the Consumer Protection from Unfair Trading Regulations 2008. A commercial practice may be unfair under those Regulations if (among other things) it contravenes the requirements of professional diligence. Professional diligence means the standard of special skill and care which a trader may reasonably be expected to exercise towards consumers. The guidance below is intended to describe the standards of skill and care we consider may reasonably be expected of lenders in the mortgages market in the current exceptional circumstances of coronavirus. If, therefore, a lender does not follow this guidance, that could call into question whether it is meeting the requirements of the 2008 Regulations, even if the lender is not regulated under FSMA.”
If you wish to commence possession proceedings or if you are facing possession proceedings, then please contact Property Litigation Partner, Hayden Glynn, on 0113 2802032 or email@example.com for further help or advice
Please note this information is provided by way of example and may not be complete and is certainly not intended to constitute legal advice. You should take bespoke advice for your circumstances.