Ask a Law Question, Get an Answer ASAP!
Hello I am happy to help.
If you have rent arrears, your landlord will probably try and evict you. This is called 'seeking possession'.
If they want to seek possession, most landlords must follow a certain procedure. This involves giving you a written notice.
Getting a notice doesn’t always mean you'll have to leave your home by the date it says. In most cases your landlord still has to get a court order before they can evict you and they can’t apply for a court order until the notice period has run out. The court order is called a 'possession order'.
If you don’t leave by the date on the possession order, the landlord will need to get a 'warrant of eviction', allowing the bailiffs to come and evict you.
If you’re a private tenant with an assured shorthold tenancy, your landlord might have been granted a possession order without a court hearing. You’ll be told to leave the property no longer than 14 days after the order was granted, although it might be possible to ask for this date to be delayed under certain circumstances.
If there was a court hearing, your landlord might have been granted one of the following:
an outright possession order
a suspended possession order
a postponed possession order
Do you know what kind of order the court are considering or have mentioned previously?
An outright possession order will say that you have to leave the property by a certain date. If you don’t leave by this date, your landlord will need to apply for a ‘warrant of eviction’.
It might be possible to persuade your landlord not to apply for the warrant of eviction. For example, your financial circumstances might have changed or your Housing Benefit or Universal Credit housing costs claim might have come through so you can pay the arrears.
If your landlord was granted a suspended possession order, you’ll be allowed to stay in your home as long as you keep up the rent payments and pay back anything you owe. If you don’t stick to this arrangement, your landlord can apply for the court to issue a warrant of eviction.
A postponed possession order is similar to a suspended possession order. It means you’re allowed to stay in your home as long as you keep up the rent payments and pay back what you owe. If you don’t stick to this arrangement, your landlord can ask the court for permission to evict you. They’ll have to go through another procedure first though.
Is there anything else I can help with this evening?
That’s good make sure you keep the evidence of this. Reference this in the court hearing. Also send the landlord a letter confirming your proposed payment plan for the remainder this will also serve as evidence that you are reasonable and therefore may receive a favourable judgement.
Glad I could help. Please do not hesitate to contact me in future.
No problem. I hope you get sorted.