Eviction Notice Handling
There are many reasons why you can be evicted by a housing association or local council, however we are only able to help people with rent arrears who are being evicted purely on financial grounds.
Notice Of Eviction
A Housing Association or Local Council must issue tenants with a Notice of Seeking Possession before an application for eviction can be made to the court.
The notice period is between 2 weeks and 4 months depending upon the type of tenancy held.
The notice of seeking possession, which will remain valid for 12 months will explain the grounds for the proposed eviction. Should the housing association or council not start court action within 12 months, it must serve a new notice.
Court Judgments On Eviction
This normally only happens in the rare case the correct procedures have not been followed by the housing association or council.
Normally only given to allow you more time to prepare your case. You should not bank on this being granted. Seek the proper advice as soon as you receive notice of court action.
The condition normally being that you start to make payments towards arrears. If you keep to these payments, you are likely to avoid further court action.
Suspended Order For Possession
Similar to a conditional adjournment, but the housing association or council does need to apply to the court for another court order to force you to leave. This will only happen should you break the conditional terms of the order.
Outright Possession Order
The property will be returned to the housing association or council on a given date. If you don't vacate the property, the housing association or council can apply to the court for bailiffs to remove you and your belongings from the property. You are given 7 days written notice before bailiffs arrive.
Whether you are evicted for not, you are required to pay arrears and possible court and bailiffs costs. A money judgment is often awarded in addition to a possession order.
Eviction Handling Notice
If you have received an eviction notice we can advise you on what to do next to stop repossession of your home.
After an Eviction Notice has been received
The lender will seek a hearing at the County Court in your local area. This is referred to as the First Hearing.
A hearing date will be arranged usually after about four weeks. You will receive letter from the mortgage lender of their solicitor advising that they are commencing legal action.
Once this letter is received, you should try to make contact to try and arrange paying the arrears back in an affordable way.
If an arrangement has not been reached with the mortgage lender then matters will progress to court where the district judge will make a decision based on your current financial circumstances.
If the court is satisfied that your circumstances allow for a viable arrangement to be made then the possession order will be suspended which means that you will be able to stay in your home.
We understand that the whole process can be very stressful and it is important to obtain an arrangement that you can comfortably maintain without pressure from the lender to commit to higher amounts of payments. We can represent you at this vital stage and have specialist advocates who will ensure that a manageable payment arrangement is obtained for you.
What happens if I break the arrangement?
There are circumstances where a borrower has reached an arrangement under a suspended possession order but due to a temporary change of financial circumstances breaks this arrangement. In cases like this, the lender can go directly to court to obtain a warrant for possession and sometimes the first you will know about this is when a notice of eviction is delivered to you.
At this stage, we recommend a swift and positive course of action to obtain a hearing. This hearing is your chance to explain the break in payments and make a proposal to get back on track.
We are able to recommend professional representation for these situations as this can help secure a positive outcome. We deal with many cases at this stage of repossession and can move extremely quickly - particularly if required and where eviction is imminent.
Contact our team now on 0800 107 8448 or comple our contact form and we will call you back as soon as possible.