Council and housing association tenants: eviction for rent arrears
What to do if you get notice from the bailiffs
No evictions by bailiffs will take place until after 21 February except in very limited circumstances.
Evictions may still go ahead if the landlord has proved either:
antisocial behaviour
at least 6 months' rent arrears
The courts will continue to process cases during lockdown. You still need to read any letters from the court and attend the hearing if there is one.
What a notice from the bailiffs means
Your council or housing association can apply for an eviction warrant if either:
you break the conditions in a suspended order
the date for possession on an outright order has passed
A notice of eviction from the bailiffs tells you the time and date of the eviction.
You can still take action to keep your home. Get legal advice
Who you can ask to stop the eviction
You can always ask your council or housing association to stop the eviction.
You can also ask the court to stop the eviction, unless the possession order was made on ground 8.
| Tenancy type | Ground proved at the hearing | Who can stop the eviction |
|---|---|---|
| Assured housing association tenancy | Gourd 8 - serious rent arrears | Only your landlord |
| Assured housing association tenancy | Ground 10 or 11 - some rent arrears or late payments | The court or your landlord |
| Secure council or housing association tenancy | Ground 1 - rent arrears | The court or your landlord |
Ask your landlord to cancel the eviction
The council or housing association may still consider stopping the eviction at this stage if you show that you will:
pay your weekly rent in full
reduce your arrears in affordable instalments
Tell them what you've done to sort out any benefit delays and deal with other debts so you can prioritise your rent payments.
If they agree to stop the eviction
Your council or housing association should tell the court if you come to an agreement.
Check with the court and the bailiffs that they've done this, or the eviction could still happen.
You must stick to the repayment plan. If you don't, your council or housing association can ask for a new eviction date.
If they won't stop the eviction
The bailiffs will come on the eviction date as planned if you're a housing association tenant with a possession order made on ground 8.
If the possession order was made on a different ground, you can still ask the court to suspend the warrant but you must act quickly.
Ask the court to suspend the warrant
You should apply to court at least 3 days before the eviction is due to take place.
You need to fill in Form N244 and attend a short hearing.
It costs £14 to apply unless you qualify for help with court fees.
It's possible to apply to suspend a warrant even on the day of the eviction but it's very risky to leave it this late. Phone the bailiffs first thing and tell them you've applied. If you don't, the eviction could happen while you're at court.
Last updated: 7 January 2021
