Representation in court hearings on arrears

The association does not offer this service. However, if you are a tenant who has been summoned to Court because of rent arrears (called ‘hearings in possession proceedings’), you can still get free legal representation through certain schemes ...

County court housing advice and representation schemes

These aim to provide free, independent and confidential advice and representation to people who either have not previously obtained advice and/or are without legal representation

Most schemes have been initiated by advice agencies and/or solicitors in private practice who attend court on a voluntary basis, but the impetus for some has come from the courts

The way in which schemes are organised varies considerably. The main distinctions are:

• some deal with either mortgage or rent cases - others with both
• activities at court are commonly limited to dealing with repossession cases, but some also provide help with other matters, e.g. debt problems unrelated to housing
• most involve duty advisers attending court on a rota basis on set days, when cases are listed for hearing. Only a few have a permanent or daily presence at court
• some are staffed by advisers from only one advice agency, others by advisers from several agencies, including local solicitors' firms

As well as performing their core role, these schemes are well placed to identify other advice needs that might otherwise not be met. Few can meet clients' every need for advice, but duty advisers are often able to make referrals to agencies that can

Evictions

The association will always take all reasonable steps to try to resolve tenancy or rent arrears problems. However, if all else fails, we will apply to the courts to repossess a property.

We have a duty to collect all rent due for our properties, as this income is vital to fund other housing services.

Non-payment of rent is the most common ground for eviction. However, it is possible for tenants to be evicted for breaching any other aspect of their tenancy agreement.

Please note that there is no guarantee that the courts will not evict households with children.

The court process for evictions

• Once we have exhausted all other courses of action - see our rent arrears page - we will apply to court
• You will then receive a summons to attend a court hearing (called ‘hearings in possession proceedings’)
• If you receive a summons, you can get free legal representation through certain schemes
• The court may decide to issue you with a ‘possession order’. This contains the terms and conditions that you must satisfy, relating to your arrears, to avoid being evicted
• If you are facing a possession order, it is advisable to seek independent legal advice
• You can contact a solicitor directly, or contact a local advice agency for free advice
• If you do not satisfy the possession order, the court will issue a ‘warrant of possession’ to you. This means that the association has the legal authority to evict you
• The court will tell you the date and time that the bailiff will arrive to evict you
• You may apply for the warrant of possession to be suspended. This application can only be made to the court, not the association. The court will then reconsider your case but may not agree to alter the decision

What happens next - the eviction process

1. The appointed bailiff will arrive to evict you on the date and time specified by the court. A representative from the association will also be there
2. The locks of the property will be changed and any of your belongings that are still there will be cleared
3. You will have to find alternative accommodation for yourself and anyone else who is living with you
4. The association or other registered social landlords generally have no obligation to re-house those who are evicted for non-payment of rent

The consequences of legal proceedings

• If the association takes legal proceedings you may be liable for court costs
• If recovery proceedings (i.e. if we still need to chase the outstanding debt) result in a county court judgement against your name, it will affect your ability to get credit or a loan
• A judgement of this kind will remain against your name indefinitely
• If you are evicted for rent arrears, other local authorities or housing associations may have no obligation to rehouse you, even if you have a family

Can you stop the eviction?

The earlier you take action or get advice the better. The association will always try to help somebody to remain in their tenancy, but it is more difficult to make agreements once eviction proceedings have begun.
As stated above, you may apply for the warrant of possession to be suspended. This application can only be made to the court, not the association

Please remember, if you are having difficulties paying your rent, Contact your Housing Team. You can also get advice from a local advice agency