Rent Arrears – Local Authorities

Rent Arrears – Local Authorities

If you have rent arrears your landlord may try to evict you and this can be a very stressful and difficult time.

Landlords can only evict tenants with a court order and subsequent eviction notice, if your landlord does not have one they cannot force you to leave.

If your landlord is a social housing landlord such as a local authority then they will have to follow a rent arrears pre-action protocol before they take court action, this involves;

• Giving the tenant notice to leave the property, known as a notice of seeking possession or a notice to quit
• If you still have not left the property once the notice has run out then the landlord can apply for a court order and you will receive court papers
• At court the landlord can request a possession order which requires the tenant to leave by a certain date, if you still have not the landlord can request a warrant of possession
• You would then receive an eviction notice sent to you by bailiffs

In an ideal situation your landlord would be willing to compromise or come to some sort of agreement that would allow you to continue living in the property and avoid eviction. However this is not always possible therefore it is paramount to get in touch with a housing solicitor who can advise you on the best way forward.

Get in Touch

Duncan Lewis housing solicitors can advise social housing tenants on rent arrears, including advising on how to respond to a formal notification of legal action under a Section 8 Notice from a landlord and what to do if a possession order has been granted by the court.

We also offer alternative solutions in respect of court action such as negotiating settlements and sometimes dispute resolution or mediation in order to enable you to remain in the property if you are able to repay the arrears and continue to make rent payments.

For expert legal advice on what to do if you are in rent arrears with your local authority and other possession matters, do not hesitate to contact one of our dedicated Duncan Lewis Housing Solicitors as soon as possible on 033 3772 0409.