Being Evicted for not Paying Your Rent
What do we mean by eviction?|
How do you know if you are being threatened with eviction?|
What should you do if you receive a court summons?|
What happens in court?|
Will you have to pay court costs?|
What happens if an order (decree) is granted for eviction?|
How can I stop the eviction? |
What should you do if you decide to leave the house before the eviction date?|
What happens of the day you are evicted?|
If you are evicted because you owe rent, will this be cleared from your account?|
What happens after you are evicted?|
What do we mean by eviction?
Eviction means being removed from your home. You can be evicted for not paying your rent or for antisocial behaviour. This leaflet deals with you being evicted for not paying your rent (if you have a Scottish Secure Tenancy agreement).
How do you know if you are being threatened with eviction?
We will have served you with a 'Notice of proceedings for recovery of possession', which gives you a date when we plan to start court action (this is always at least four weeks after you receive the notice). We will also give a copy to anyone over the age of 16 who lives with you as they have the right to be involved in any eviction action. You should contact your housing officer if you need help to sort out your problems. If you do not contact us and you still don't pay your rent, the notice allows us to start court action and you will receive a court summons.
What should you do if you receive a court summons?
You should contact your housing officer straightaway. You may also want to get independent advice from a solicitor or by contacting one of the advice agencies on the list on the back of this leaflet. Your housing officer can also put you in touch with an advice agency. You should go to the court hearing whether you are represented or not. If you do not go to the hearing we will let you know what happens and how it affects you.
What happens in court?
Our solicitor will present a case to the sheriff and ask for you to be evicted or, if we have come to an agreement with you, we might ask for the case to be continued or 'sisted', which means the case is delayed while we try to come to an agreement with you. You or your representative will also be given the chance to present your case. After the sheriff has heard both sides he will decide whether to evict you or give you more time to sort out the situation, and in this case you will need to return to court at a later date.
Will you have to pay court costs?
Yes. You will normally have to pay the court costs.
What happens if an order (decree) is granted for eviction?
We will invite you to your local housing office for an interview with the Area Housing Manager. At the interview the manager will explain the next stage to you and tell you the date for your eviction. You will also receive a letter confirming this date.
Your tenancy will end but we may allow you to stay in the property. You would then need to sign either a new Scottish Secure Tenancy or Short Scottish Secure Tenancy.
If you enter into a new tenancy agreement, any rights you have related to your tenancy will change, including the right to buy.
How can I stop the eviction?
You may be able to stop the eviction, even at this late stage. If you pay everything you owe (rent and court costs), that will normally stop the eviction. You should contact your housing officer |straightaway if you want to pay your debt before the eviction date. If you do pay what you owe, your current tenancy will still end. However, you will be able to stay in the property but you will have to sign a new Scottish Secure Tenancy or Short Scottish Secure Tenancy agreement.
You should also get advice straightaway from an independent advisor or solicitor.
What should you do if you decide to leave the house before the eviction date?
You should do the following before you leave the property.
-
Arrange to remove all your belongings from the house.
-
Leave the house in a clean and tidy condition.
-
Make sure all the members of your house move with you, including any lodgers or sub-tenants.
-
Take your pets with you.
-
Remove any fixtures and fittings you have installed without our written permission and fix any damage you have caused.
-
Leave the house and any decoration in good condition.
-
Give us your new address.
-
Tell your phone, gas and electricity suppliers that you are moving.
-
Take your keys back to your local housing office.
You may want to contact the Homeless Advice Prevention and Assistance Team on 01294 314700 and tell them about your eviction. They may be able to help you. You may also want to contact Social Services, especially if you have children, as they may be able to help you.
What happens on the day you are evicted?
On the day you are evicted, members of the housing service will meet the sheriff officer at your property. If you have not already left the property, the sheriff officer will ask you to leave the property and the locks will be changed. Your tenancy will end on the Sunday after your eviction.
If you are evicted because you owe rent, will this be cleared from your account?
No. You will still need to pay any outstanding rent together with any court expenses you owe If you do not agree to a suitable repayment arrangement both your credit rating and chances of being allowed to rent a house with other landlords may be affected.
What happens after you are evicted?
If you don't have anywhere else you can stay, you should contact our Homeless Advice Prevention and Assistance Team on 01294 314700. They may be able to help you get emergency accommodation and they will be able to provide you with advice and help.