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Here you’ll find answers to the most Frequently Asked Questions about Clarion Housing’s eviction process. Remember, if you think you’re going to fall behind with rent, then get in touch with us as soon as possible to talk through your options.
If you don’t contact us to discuss how to pay your rent, and the arrears on your account continue to rise, we will have to start court proceedings against you. In this situation, the first stage will be the service of a Notice of Seeking Possession depending on the type of tenancy you have; this is a formal notification of our intention to take you to court.
If the case reaches court, we will apply for either a suspended possession order or an outright order depending on the circumstances of the case. A suspended order means that the court will order you to pay the rent plus a certain amount of the arrears each week depending on your circumstances.
Outright possession means we can apply for a warrant to evict you from your home. We only evict tenants as a last resort and it isn’t an action we take lightly. However, we would urge you to get in touch as soon as you feel concerned about your financial situation, so we can prevent further action.
If you receive a letter saying that a 'Notice of Seeking Possession' is going to be served then contact us to resolve this situation
A Notice of Seeking Possession is not an eviction notice; neither does it mean you are going to lose your home. Generally, you will receive this notice if you haven’t paid your rent. It gives you notice that we intend to seek possession of your property, but in most cases we will only do this if you fail to pay.
Once you have received this Notice you should contact us immediately to pay the arrears in full. If you can evidence that you can’t clear the amount we will make an arrangement with you to pay the arrears.
If the arrangement is broken, this can result in an application to court. This will also lead to you incurring legal costs, therefore, it is best that you contact us immediately to prevent this happening.
As we’ve said previously, eviction really is a last resort. We take all reasonable steps to try to resolve tenancy or rent arrears problems, but if all else fails, we will apply to the courts to repossess a property.
While the most common ground for eviction is non-payment of rent, it is possible for tenants breaching other terms of their tenancy agreement to be evicted.
If you breach the terms of you order, or we have secured an outright order against you, we can ask the court bailiff to set a date for your eviction.
The earlier you take action or get advice the better. It is far harder to make agreements at a later stage. Please do remember, if you are having difficulties paying your rent:
Please get in touch with us if you need to discuss any of these issues.
In the event you are evicted, the court will tell you the date and time that the bailiff will arrive and a representative from Clarion Housing will also be there. The locks of the property will be changed and any of your belongings left in the property will be disposed of. If you are evicted, you will have to find alternative accommodation for yourself and anyone else who is living with you.
We start procedures for eviction if you have rent arrears on your account. In this case, we will try to help by offering advice and referrals to appropriate agencies, but ultimately, if you persistently fail to pay the rent, you could lose your home. This will apply whether you have a family or not.
If you are evicted, you must contact your Local Authority immediately who can offer you support and assistance.
When someone ends their tenancy with us they become a former tenant. If you owe us money when your tenancy ends we will contact you to make agreements for payments either directly or through a third party. If we are unable to contact you, or you don’t clear your debts, we will take legal action.