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Steps that are taken that can lead to eviction

 

All efforts are made by us to contact you (both verbal and written) in order to try to see you prior to any legal proceedings with the aim of coming to an agreement regarding payment as repossessing homes is an action used only as a very last resort. If these measures fail we will have no other alternative but to take legal action against you.

Firstly, we will issue you with a Notice of Seeking Possession.  This is to notify you that we have started legal proceedings to repossess your home but does not mean you have to leave immediately. On receipt of this you should speak to your Income Officer immediately.

If you do not repay the debt you will be sent a Pre-Court meeting letter requesting to meet at your home or at our office to discuss further implications of Court Action and/or seek an arrangement or payment in full of arrears.  

If, at this stage, full payment is not made or an arrangement made a Possession Summons will be sent to you informing you of the County Court Hearing Date.

Note: Between receiving the Summons and the Court Hearing you should continue to make Rent payments

If the arrears are not cleared prior to the Court Hearing the Court will either make an Outright or Suspended Possession Order.

Outright Order - the Court has decided the you must leave the property straight away or in either 7, 14 or 28 days.

Suspended Possession Order – if you do not pay the arrears and current rent per the agreed Terms stipulated by the Order you will receive a Warrant of Possession with an Eviction Date. This is the date the Bailiff will come with your Income/Housing Officer to repossess your home.

Postponed Possession Order – if you do not pay the arrears and current rent per the agreed Terms stipulated by the Order, we will apply for a date to be fixed for possession (this is the date that your tenancy will end) and then you will receive a Warrant of Possession with an Eviction Date. This is the date the Bailiff will come with your Income/Housing Officer to repossess your home.

Note: If you have an assured Tenancy Agreement, you should note that we sometimes use a mandatory Ground for Possession called Ground 8.  This ground means that the judge must give us an outright order if the arrears are at a minimum of 8 weeks when the Notice of seeking Possession is served on you, when we apply for a Court Hearing for Possession, and at the time of the hearing.

You should contact your Income Officer as soon as you find yourself in arrears. Your Income Officer is responsible for all arrears recovery and will be able to assist.

See our Income Collections Team Section for details of your Income Officer

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