Eviction

The Council will always take all reasonable steps to try to resolve tenancy or rent arrears problems. However, if all else fails, we will apply to the courts to repossess a property.

We have a duty to collect all rent due for council properties, as this income is vital to fund other housing services.

The most common ground for eviction is non-payment of rent, although it is possible for tenants breaching any other aspect of their tenancy agreement to be evicted.

The court process for evictions

1. Eviction is our last resort. Once we have exhausted all other courses of action we will apply to court for an order of possession.
2. You will then receive a summons, from the court, to attend a court hearing.
3. If you receive a summons, you can get free legal representation through certain schemes, the court or the Citizens Advice Bureau can advise you about these schemes.
4. The court may decide to issue you with a ‘possession order’. This contains the terms and conditions that you must satisfy, relating to your breach of tenancy, to avoid being evicted
5. If you are facing a possession order, it is advisable to seek independent legal advice.
6. If you do not satisfy the possession order, we will apply to the court for a ‘warrant for eviction’, the court will issue a ‘warrant of eviction’ to you. This means that the council has the legal authority to evict you. The court will tell you the date and time that the bailiff will arrive to carry out the eviction.
7. You may apply for the warrant of eviction to be suspended. This application can only be made to the court, not the council. The court will then reconsider your case but may not agree to alter the decision.

What happens next - the eviction process

1. The appointed bailiff will arrive to evict you on the date and time specified by the court. A representative from the council’s housing unit will also be there.
2. The locks of the property will be changed and any of your belongings that are still there will be cleared.
3. You will have to find alternative accommodation for yourself and anyone else who is living with you.
4. The council or other registered social landlords generally have no obligation to re-house those who are evicted for non-payment of rent.

The consequences of legal proceedings

• If the council takes legal proceedings you will be liable for court costs.
• If recovery proceedings (i.e. if we still need to chase the outstanding debt) result in a county court judgement against your name, it will affect your ability to get credit or a loan
• If you are evicted for rent arrears, other local authorities will have no obligation to re-house you, even if you have a family.

Can you stop the eviction?

The earlier you take action or get advice, the better. The Council will always try to help any one to remain in their tenancy, but it is more difficult to make agreements once eviction proceedings have begun. Payment of rent arrears and court costs in full can halt proceedings at any stage.

As stated above, you may apply for the warrant of eviction to be suspended. This application can only be made to the court, not the council.

Please remember, if you are having difficulties paying your rent, speak to a Mrs Anderson on 01289 301753 or Miss Prentice on 01289 301836.