Housing Association and Council Eviction

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.

  • Dismissal
    This normally only happens in the rare case the correct procedures have not been followed by the housing association or council.
  • Adjournment
    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.
  • Conditional Adjournment
    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.
  • Money Judgment
    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.

If you are being forced to leave your home, please call us for Free Advice on Freephone (from a landline) 0800 043 2444.

It's never too late too ask for help or to put into place a plan to avoid eviction.

Latest Repossessions Stopped

4th November 2009, Aylesbury County Court
Client had fallen into arrears of £7000 due to ill health of husband. Now both partners back earning a full wage the judge suspended the order with a payment of £200 on top of the mortgage payment.

2nd November 2009, Bow County Court
Client had fallen into arrears of £14,780 due to financial trouble with his own business. Now with the business back up and running and generating income the Judge suspended the warrant with the client paying £150 on top of the contractual payments.

21st October 2009, Colchester County Court
Client fell into arrears of £6000 due to previous employer not paying wages. Now in a new more secure job the judge suspended the warrant with the client paying contractual mortgage payments plus £100.

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Call us FREE (from a landline) on 0800 043 2444 for Confidential Advice

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