Torbay Council

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Evictions

The Housing Association has a duty to collect all rent due for it's dwellings as the income is vital to fund other housing services. The Housing Association will always take all reasonable steps to try to resolve tenancy or rent arrears problems. However, if all else fails, the Housing Association will apply to the Courts to repossess a property.
The most common ground for eviction is non-payment of rent, although it is possible for tenants breaching any other aspect of their tenancy agreement to be evicted.
Once a Possession Order is obtained from the Courts any application to vary the terms of the order or to obtain a stay of execution must be made to the Court itself rather than the Housing Association.
If tenants are facing a Possession Order, it is advisable to seek independent legal advice. Tenants can contact a solicitor directly or the local Citizens Advice Bureau can offer free advice.
There is no guarantee that the Courts will not evict households with children.
The Housing Association or other Registered Social Landlords generally have no obligation to re-house those who are evicted for non-payment of rent.

What happens if I am evicted?

If you are evicted you will have to find alternative accommodation for yourself and anyone else who is living with you.
The court will tell you the date and time that the bailiff will arrive. A representative from Housing will also be there. The locks of the house will be changed and any of your belongings that are still there will be cleared.

Can I stop the eviction?

The earlier you take action or get advice the better. It is more difficult to make agreements at a late stage. You may apply for the Warrant of Possession to be suspended. The court will then reconsider your case but may not agree to alter the decision Please remember, if you are having difficulties paying your rent:
  1. speak to the Housing Association
  2. get advice, for example, from a Citizens' Advice Bureau; and
  3. make regular payments, no matter how small they are.



Related Tasks

Contact Housing