Rent arrears in a housing association or council home
Possession orders for rent arrears
A judge could make a possession order at your hearing.
There are 2 types of possession order:
an outright order - this sets a 'date for possession'
a suspended order - this lets you stay in your home if you keep to conditions
The date for possession on an outright order is not the same as an eviction date.
If the judge does not make a possession order, they might delay or dismiss your case.
Outright possession orders
The judge is likely to make an outright order if you do not:
go to the hearing
contact your landlord or the court
pay your rent or agree a repayment plan for the arrears
You do not have to leave by the date on the order.
Your landlord can apply for bailiffs if you do not leave by this date.
Find out if you can ask the court to stop the eviction.
If your housing association used ground 8
The court cannot stop the bailiffs if an outright order is made.
You could still try to agree a repayment plan with your housing association. Ask them not to apply for bailiffs if you keep to the plan.
Find out what happens if the eviction goes ahead.
Suspended possession orders
A suspended order means you can stay in your home as long as you:
pay your rent on time
make regular repayments towards the arrears
The order says how much you need to pay and when.
Note down what you need to pay on the day of the hearing.
For example, the judge might tell you to pay £4.53 a week on top of your normal rent if you're on benefits or a low income. You could be told to pay more if you can afford it.
The court will send you a copy of the order but it might take a few weeks to arrive by post.
If you break a suspended order
You break the order if you pay late or miss repayments.
Your housing association or council could apply for bailiffs to evict you.
Speak to them straight away if you're worried you will miss a payment.
Let them know why you missed a payment if you've already broken the order. They might give you a chance to get back on track if you have a good reason.
If your landlord applies for bailiffs, you can ask the court to stop the eviction.
If the court does not make a possession order
The court might not make a possession order.
In some situations, the judge could:
dismiss your case
delay your case with conditions
delay your case to give you time to do something
The legal name for a delayed case is an 'adjournment'.
Dismissed cases
The court could dismiss your case if your landlord does not:
follow the correct legal process
prove a ground for possession
You can stay in your home if the court dismisses your case.
Get advice about rent arrears even if the court dismisses your case. Your landlord could fix any errors and start a new claim.
Delays with conditions
The court can delay your case with conditions. The legal name is an 'adjournment on terms'.
The court might do this instead of making a suspended possession order if you only owe a small amount of rent.
The conditions are that you pay your rent and arrears through regular repayments.
If you pay late, your council or housing association could ask the court for a possession order. There would be another possession hearing.
Delays to give you more time
The court may delay your case to give you more time to do something.
For example, you can ask for an adjournment if you:
need more time to get legal advice
need support from a benefits or debt adviser
are waiting for a benefits claim to come through
The court usually sets a date for you to come back to court for a hearing.
With ground 8 you can only ask for a delay right at the start of the hearing.
The judge cannot delay if they have already heard the evidence.
Find out more about asking for a delay.
Last updated: 26 August 2024
