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 0800 043 2444.

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