Eviction means being removed from your home. You can be evicted for not paying rent or for antisocial behaviour.
If you are being threatened with eviction, we will serve you a 'Notice of proceedings for recovery of possession'. This gives you a date when we plan to start court action (always at least 4 weeks after you receive the notice). We will also give a copy to anyone over the age of 16 who lives with you.
What is a Notice of Proceedings for Recovery of Possession?
A Notice of Proceedings for Recovery of Possession is a warning that the Housing Association or Council may take Court action against you to recover your home.
It does not mean you have to move out. It does not affect your right to stay in the home. It does not affect your duty to pay your rent. It is the first step in the legal process which could lead to you being evicted if you don't pay your rent or if you break one of the conditions of your lease.
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. You will receive a court summons.
What to do if you receive a court summons?
Contact your housing officer immediately. You may want to get independent advice from a solicitor or an advice agency. Your housing officer can 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. If we have come to an agreement with you, we might ask for the case to be continued or 'sisted'. This means the case is delayed while we try to come to an agreement with you. You or your representative will be given the chance to present your case. The sheriff will hear both sides and decide whether to evict you, or give you more time to sort out the situation (in this case you'll 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'll invite you for an interview with the area housing manager. They'll explain the next stage and tell you the date for your eviction. You will receive a letter confirming this date.
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 members of your household move with you, including lodgers or sub-tenants
- take 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.
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 will offer advice.