A COST-OF-LIVING crisis means more people from across the region will face losing their homes, experts have warned.

To help those facing eviction know what to expect from the process, the Northern Echo has put together a guide to what to expect at the possessions courts.

STEP ONE

You will be served with a notice to leave your property.

This could be in the form of a Section 8 claim, brought about because the landlord has grounds for eviction. Section 8 claims are used when you have broken the terms of your tenancy, whether through the accumulation of rent arrears, damage to the property or nuisance behaviour.

Or it could be a Section 21 claim - a so-called 'no fault' eviction that allows landlords to evict you without reason with as little as eight weeks' notice.

Special Report: Stark rise in landlords turfing out tenants amid cost of living crisis

STEP TWO

If you do not leave, your landlord or mortgage lender can make a civil claim to the county court seeking the possession of the property.

STEP THREE

A hearing at the possessions court will be arranged and you will be invited to attend.

You are entitled to represent yourself or seek legal assistance. Duty solicitors are also on hand at the court for those who are not represented.

STEP FOUR

Your landlord or mortgage company - or their legal representatives - will outline their case in front of the judge and you will be invited to respond to it.

STEP FIVE

The judge decides what kind of action to take - unless the requirements for a Section 8 eviction are met, in which case they have no discretion and must allow the possession to go ahead.

Where a judge can use their discretion, they can decide to grant one of the following:

  • An outright possession order, which means you must leave your property
  • A suspended possession order, which means you can stay at the property if you comply with the terms of the order. This usually requires the defendant to pay the latest mortgage or rent instalment, plus some of the arrears that have built up

The judge can also throw the case out, if they decide the claimant has no legal right to take back the property.

Special Report: The Echo spends a heartbreaking day in the eviction courts​

The Northern Echo: The process of repossession has been explained. Picture: NORTHERN ECHO.The process of repossession has been explained. Picture: NORTHERN ECHO.

STEP SIX

If you still refuse to move out after a judge issues a possession order, a warrant can be sought that would see the eviction enforced by bailiffs.

WHAT ELSE DO I NEED TO KNOW?

Throughout the court process, even where a warrant for possession is issued, the claimant and defendant can still negotiate a compromise arrangement to prevent eviction.

Special Report: Facing eviction? Here are your rights as a tenant

And support is available throughout the process, whether at the possession courts or from charities and organisations like Citizens Advice and Shelter. 

The Northern Echo: All cases have to go through the court. Picture: NORTHERN ECHO.All cases have to go through the court. Picture: NORTHERN ECHO.

 

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