What happens when you get evicted?

Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions, it may also involve the removal of persons from premises that were foreclosed by a mortgage.

When you are being evicted it can sometimes be called seeking possession.

eviction-notice

It is important to remember that you may be able to stop or delay eviction and advice for this can be provided through Citizens Advice or Shelter.

If your case is rushed to court you may be able to gain help from an advisor within the court perimeters.

Before evicting you, there are a number of steps that a landlord, council or housing association needs to go through (it is important to educate yourself however as these can change in certain circumstances and depending on certain types of tenancy). The basic steps before eviction are as follows:

  1. You will receive a written notice that the council or housing association plans to evict you
  2. If an agreement cannot be reached between the tenant and the organisation a court order for the purpose of possession can be put into place
  3. The court will then decide when you can be evicted
  4. If you don’t leave upon these notices, the bailiffs can forcibly remove you and your belongings

Section 21 Eviction Process

A section 21 notice is the form your landlord must give you to start the process to end your shorthand tenancy. It gives you the notice to leave your home, but it is legal for you to stay in your home after it expires.

Your Landlord gets a possession order

If your landlord wishes to evict you they will need to get a possession order from a court

If you are a private tenant with an assured shorthand tenancy, your landlord may have been granted a possession order without the need for a court hearing. You will be told to leave the property no longer than 14 days after the order is granted, although it may be possible to ask for this date to be delayed under certain circumstances. There are three main types of possession order that your landlord has the potential to be granted:

  • An outright possession order

– This will be issued if you are unable to convince the judge that you can keep up your rent payments and pay back what you owe. The possession order will state that you have to leave the property by a certain date. If you do not leave by this date your landlord will apply for a warrant of possession.

  • A suspended possession order

– A suspended possession order means that you are allowed to stay in your home as long as you keep up your rent payments and give back what you owe. If you do not stand by this arrangement then your landlord can go to the court and apply for a warrant of possession.

  • A postponed possession order
  • A postponed possession orders similar to a suspended possession order.

– It essentially means that you are allowed to stay in your home as long as you keep up the rent payments and pay back what you owe. If you do not stick to this arrangement then they will go through another procedure to evict you

If you are in the process of buying a property but do not have time to wait for a mortgage to clear, the solution may be a bridging loan. It is a loan which acts to “bridge the gap” between you and the mortgage coming in.