Enforcement and sale
I am trying to sell the property
Here's what to do if Rooftop are threatening you while a sale process is underway
What this problem looks like
- You have instructed an agent and the lender continues to escalate.
- You have an offer and cannot get a decision on whether it will be accepted.
- A shortfall is likely and nobody will tell you what would happen to the balance.
What you are trying to establish
- What reasonable steps you have taken to market the property, and when each began.
- The asking price, the basis for it, and the current level of interest.
- Whether an offer exists, from whom, at what price, and the buyer's funding position.
- The realistic completion date and what depends on it.
- Whether there will be a shortfall and how it would be dealt with.
Evidence to collect
- Sale particulars and the marketing listing, with the date it went live.
- The Energy Performance Certificate.
- Written confirmation of any offer, with the buyer's position — cash, mortgage offer, chain.
- The name and contact details of your estate agent and conveyancer, and your written authority for them to speak to the lender directly.
- A short schedule of viewings and offers, showing the property is genuinely on the market.
- Where a shortfall is likely, income and expenditure evidence and a proposal for the balance.
What to ask for
- That enforcement steps be held while the sale proceeds, with a stated review date.
- A decision on any offer by a specific date, with reasons if refused.
- Confirmation of the redemption figure and its expiry date.
- Confirmation of what costs would be added if enforcement proceeded in parallel.
- Where relevant, confirmation of how a shortfall would be treated.
What a useful answer looks like
- Written agreement to allow a stated period for the sale, with review dates.
- Direct engagement with your agent and conveyancer.
- Reasons for any refusal, and what would change the decision.
What an inadequate answer looks like
- 'We cannot put anything on hold' with no consideration of the evidence sent.
- No response to a dated offer until after the buyer withdraws.
What this does not do
- Marketing a property does not by itself pause anything. The strength here comes from the completeness of the pack and the specificity of the dates.
Next escalation
- Complain in writing if an evidenced sale is refused without reasons, and say what will be lost and by when.
- For a regulated residential mortgage, the pre-action protocol contemplates the borrower demonstrating reasonable steps towards a sale and the lender considering postponing a claim accordingly.
Example letters for this stage
- Covering letter for a residential sale evidence pack — Used to put a documented sale in front of the lender, with authority for your agent and conveyancer to deal with it directly.
- Request for an enforcement standstill while a proposal is considered — Used where a specific, evidenced proposal exists and enforcement steps are threatened or under way.
Official sources
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This is information, not legal advice
Nothing here is legal advice and no professional relationship arises from reading it. Time limits apply to complaints and to court steps. Free help is available from Citizens Advice, StepChange and Shelter.