Law
Ask a Law Question, Get an Answer ASAP!
Hello, I am happy to help with your enquiry today.
To give you an overview of your enquiry, if you have rent arrears, your landlord may try and evict you. This is called seeking possession. To do this, in most cases they will need to follow a procedure that involves getting a court order. They can't make you leave your home without going to court first. If they do make you leave without taking you to court first, this is against the law.
In some cases, even though they take you to court to evict you, they may agree to let you stay on the property as long as you agree to pay back the money you owe and you don't fall behind with your rent again.
Getting a notice to quit or notice seeking possession doesn’t always mean you will have to leave your home. 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 length of the notice period depends on the type of tenancy you have.
In this regard, you should check your claim form for the date of your hearing and where it will be. You should go to the possession hearing as this is your chance to put forward your case in court and give reasons why you should stay in your home.
However, if you can’t go to the possession hearing, tell the court as soon as possible. Explain why you can’t go - for example, because you have to self-isolate. The court might:
Is there anything else I can help with today?
I can see you have requested a telephone call. Is this correct?
Unfortunately, I'm not able to take calls at the moment, but the request will be open to other Experts to help you. I am however available and happy to continue chatting on the platform.
Don't worry, this matter will be taken care of by customer service. Is there anything else I can help with?
I see. In that case, this is your chance to put forward your case in court and give reasons why you should stay in your home, especially since you are disabled.
If you were not able to attend the hearing, it would normally depend entirely on the judge's decision. It is either they can decide if an eviction can go ahead or the judge will dismiss the case if there's no reason you should be evicted.