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If you are unable to move out of your home, get in touch with an adviser as soon as you receive a notice of eviction.
Contact our Housing Needs Team immediately for advice using the contact details on the right hand side of this page. We can still help you even if the bailiff’s date has been arranged.
We can tell you:
- whether you might be able to stop or delay the bailiffs
- what your other housing options are
What will I need to bring with me?
If you make an appointment to see an officer, they will need to see:
- Rent or mortgage statements
- Any letters you have had from your landlord or Building Society
- The particulars of claim which the court would have sent to you before the possession hearing.
- A copy of the possession order from the court.
- The letter from the court telling when you when the bailiffs are coming if you have it-this letter is a formal court document (form N54) and is called a notice of eviction.
Can I stop or delay the bailiffs?
You may be able to stop or delay your eviction by the bailiffs in certain circumstances, but you will need to act immediately.
You have to apply to court to do this. Our Housing Needs Team can help you with this.
You need to fill in a form explaining your circumstances and the reason you want the bailiffs' visit to be stopped or delayed
You normally have to pay a court fee, but you may not have to pay this if you are claiming benefits or you have a low income.
What happens next?
You will normally be given a date and time for a hearing. Our Housing Needs Team can represent you in court if need be. If you don't get a hearing, contact the Housing Needs Team immediately.
What happens at the hearing?
At the hearing the judge will normally only stop the bailiffs if there is a legal reason (such as health problems) why you have not done something to stop the eviction earlier. Saying that you will become homeless may not be enough.
If the judge does stop or delay the bailiffs' visit, contact the bailiff’s office to make sure that they are aware that the eviction has been stopped or delayed.
What happens if the judge doesn’t stop the bailiffs coming?
If the judge doesn't agree to stop or delay the bailiffs, the eviction will go ahead. You need to find alternative accommodation immediately. Our Housing Needs Team can advise you about this.
Where else can I go for advice?
You could also contact the following via the link above:
- Citizens Advice Bureau
- Community Legal Service
- Shelter
For further information visit the following site:
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Contact Housing Needs Service
- Tel: 01803 208723
- Email: housing.advice@torbay.gov.uk
- Fax: 01803 208282
