Pain in the arrears
Question
I live in a house with four other people and one of them is currently claiming housing benefit. We had to wait for three months for his housing benefit to come through and recently another housemate missed a rent payment. All the arrears have now been paid but the landlord now intends to evict us. Now that the rent is up to date, is there anything we can do make sure the eviction doesnt go ahead?
Answer
How and if you can stop court action depends upon many things. If you are renting your home it would depend upon what type of tenancy you have and the reasons your landlord wanted to evict you.
There are different rules for different types of tenancies. But, if you are renting privately, landlords have to follow legal procedures to evict someone.
Giving you notice to leave would be the first step the landlord would have to take before going to court to evict you.
In your case, if the landlord is happy that you've cleared the arrears they may decide not to apply to court for a possession hearing. Giving you notice is only the first step and your landlord doesn't have to act on it. Speak to your landlord and see if they are going ahead with a hearing or not.
But, your landlord may still decide to go to court. If the rules have been followed and the court has made an order saying you have to leave then there may be little you can do to stop an eviction. It would depend upon the reason your landlord wanted to evict you. It would also depend upon whether or not the court would listen to your case again before the eviction.
If the eviction went ahead, it would be carried out by court officers called bailiffs. In some cases you may be able to stop or delay your eviction by the bailiffs. You will need to act immediately by applying to court to do this. You will need to fill in a form explaining your circumstances and the reason you want the bailiffs' visit to be stopped or delayed. There will normally be a court fee to pay, but you may not have to pay this if you are claiming benefits or you have a low income. You will normally be given a date and time for a hearing. If you don't get a hearing, get advice immediately.
If you are facing eviction and you're not sure of your rights get advice from a housing aid centre, Citizens Advice Bureau (CAB), the council or other local advice centre. It may not be too late, even if the bailiffs are on the way.
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