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Rent arrears – what happens after a hearing and what you should do
If a judge makes a possession order on your home for rent arrears or you get an eviction notice, take action urgently. You can get advice about what you could do to stay in your home.
Don’t ignore letters from the court
If your landlord takes you to court, don’t ignore letters from the court. The letters will contain important information and you may need to take immediate action to try to keep your home.
Possession order – what to do if you get one
If a judge gives you a possession order (sometimes called an ‘outright’ possession order) in a court hearing, you must get debt and legal advice urgently. You can find a legal adviser from the Community Legal Advice website.
Eviction notice – what to do if you get one
If you don’t leave your home by the date given in an outright possession order, your landlord can ask the court for a ‘warrant for possession’. If the court gives a warrant, you’ll be sent an eviction notice that gives a date when you must leave your home. If you don’t go, bailiffs can evict you. The costs of doing this will be added to the money you owe.
Get money and legal advice
It’s vital to get legal and money advice immediately to try to stop or delay your eviction. A solicitor or adviser can help you work out your options, including asking a judge to delay the eviction or allow you to stay in your home. You can find a legal adviser from the Community Legal Advice website.
Contact your local council
If you are worried about eviction, contact your local council. They should try to help you if you are homeless.
Asking the judge to delay eviction
You can ask a judge to ‘suspend the warrant for possession’. This means they will delay the eviction or allow you to stay in your home if you are able to make payments again. A new hearing will be held but the judge won’t automatically agree to suspend the possession warrant – it depends what happens in court.
If you want to get a warrant suspended, get advice immediately by following the links below.
Applying for a suspension and going to court
If you want to apply for a suspension, you should urgently fill out an application form and either send it or deliver it to the court. Download an application form by following the link below.
You must tell the court that you need a hearing at short notice (before your eviction date). You’ll have to pay a court fee when you apply to suspend the warrant. If you are on benefits or low pay, you may not have to pay the fee (otherwise known as ‘fee remission’).
The new court hearing will be like your original possession hearing.
Getting a suspended or time order – what to do
If you receive a suspended or time order, you should make the payments set out in the order or you may lose your home.
Asking the court to change your payments
If your circumstances change in a way that you couldn’t predict, you can ask a judge at a hearing to change what you pay. Follow the links below to get legal advice and download an application form to get a hearing to change what you pay.
You’ll have to pay a court fee to get a new hearing. If you are on benefits or low pay, you may not have to pay the fee (otherwise known as ‘fee remission’). Follow the link below to find out about fee remission.
Appealing against the decision of your possession hearing
Sometimes you can appeal against a decision made by the judge in your original possession hearing if you think a mistake has been made. Follow the link below to find out how to appeal.
Rent arrears – find out more
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