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England

Rent arrears in a housing association or council home

Stopping an eviction by bailiffs

Your council or housing association can ask bailiffs to evict you if either:

  • you break the conditions in a suspended order

  • the possession date on an outright order has passed

Your landlord has to apply for an eviction warrant from the court.

Notice from the bailiffs

The bailiffs send you a notice of eviction.

This notice tells you the time and date that the bailiffs are coming.

You can still take action to keep your home. Get legal advice.

Ask your landlord to cancel the eviction

Your council or housing association might still stop the eviction.

You need to show that you will pay:

  • your full rent

  • an extra amount towards the arrears

Show them what you have done to deal with rent arrears.

If your landlord agrees to stop the eviction

Your council or housing association should tell the court.

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 or your landlord could ask for a new eviction date.

If your landlord will not stop the eviction

The court cannot stop an eviction if your possession order was made on ground 8.

Ask the council for homeless help before the eviction date.

Find out what happens on the eviction date.

Ask the court to stop the eviction

Check and understand the rent arrears grounds on your notice.

You can ask the court to stop the eviction as long as the order was not made on ground 8.

You might need to show you can:

  • start paying your full rent

  • agree a repayment plan for arrears

Tell the court about your situation and if you could not get advice before the hearing. The court might agree to give you more time to get benefits, money or other advice.

You must act quickly. Apply to court as soon as you can.

Try to do this at least 3 days before the eviction.

Sometimes you can stop an eviction on the day but it's risky to leave it this late.

Find out how to ask the court to stop your eviction.

Last updated: 26 August 2024

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