Repossession Eviction Rights Advice
Act Now – You May Still Be Able To Stop The Eviction
If you have already been to court and the judge has ordered a repossession, you will have been given a date by which you have to move out. If you don’t leave by that date your mortgage lender can apply for a bailiffs warrant. This means they can enter your house and remove you from it. You will be able to collect your belongings by agreement 14 days later whilst being accompanied by the bailiffs.
This section of our website will help you to understand the eviction process and your legal rights to help you stop or possibly delay being evicted from your home. If you act quickly you may still be able the stop the eviction even if you have already have a repossession order.
What The Bailiffs Do And How Much Notice You Get
The first visit from the bailiffs will be to hand you a letter and a form advising you of the date and time of the eviction. The amount of notice they give you will depend on your local bailiff’s office but it usually isn’t less than 3 days. The eviction will normally take place during daytime office hours (9am – 5pm).
The bailiffs should ask you if you need any special help on the day of the eviction, for example if you are elderly, disabled or because you have children. If you do not get asked and you think you will need help you should call the bailiffs office at the court. The number should be on the letter.
Delay or Stop The Eviction Process
Remember whilst you are still in your home there is still a chance you can stop the repossession eviction. When the bailiffs gave you notice of the eviction they will have included a form. You should fill in this form to request another court hearing. Explain your circumstances and your reasons why you want the bailiffs visit to be stopped or delayed.
This form should be returned as soon as possible, and it is advisable that you hand deliver the form to the court to ensure it is received. The judge will then arrange another hearing.
If you have been able to agree a sale of your property and can show that the sale can complete quickly, or that you have found a ‘sell and rent back scheme’ which enables your mortgage to be repaid without moving out of your house then these details should be included.
What To Write On The Eviction Notice Form
When you fill in the form you need to give strong reasons why the bailiffs should be delayed of stopped altogether. Possible reasons for a judge to decide to suspend the repossession order and stop an eviction include:-
- An Agreed Sale
You have found an agreed sale for the property which can pay back all the mortgage to the lender, you need to include the date when the sale is due to complete and if you are selling the property quickly for cash though Repossession-Stoppers.com then we can provide a written letter detailing when the sale can be expected to complete.
- Sell and Rent Back
If you have found a suitable ‘sell and rent back scheme’ which allows you to pay back all the mortgage and then rent the property from the investor. again, a written letter detailing when the sale will complete will be useful – again we can provide these if required.
- Young or Disabled Children
If you have young or disabled children you should make it clear that you need more time to find somewhere else to live.
- Ill Health
If you are ill, in hospital or waiting for an operation you should say how much time you are likely to need to recover and whether you will be able to repay the debt once you are recovered (eg. by returning to work)
If your financial situation has improved, or is about to – and you will be able to repay the debt, you should explain how your situation has improved (for example if you have a new job)
- Incorrect Eviction Process
If you believe the lender got the possession order by fraud, or did not follow the correct procedure. Or, If you where not aware of the initial possession hearing (eg. if you have been out of the country for example)
If you are just asking for more time the judge may agree to letting you stay in the property until the lender has sold it. For this reason you should state that you will fully cooperate with the lender and any potential buyers if you are allowed to stay in the property until it is sold. Repossession-Stoppers.com advises that if you have not tried to sell your property quickly already you should contact us without delay. We can almost always get a better price for your property by selling it to our cash buyers than if your lender sells it at auction – remember any additional money from the sale goes to you.
What Will Happen At The Eviction
When the bailiffs arrive they have the legal power to physically remove you from your property if they have to. They can use necessary force to enter the property and are able to remove anyone found living there. They can request a police presence if they believe you may try to stop them entering the property or if there is a breach of the peace. The police will arrest anyone who is violent. Once the bailiffs have checked no one is left in the property the locks will be changed and the premises secured.
The bailiffs are not allowed to use unreasonable force or act unreasonably. This means they are not allowed to use violence or threaten to do so, they can not harass you or other people living with you, they can not use offensive language, or threaten to or cause damage to your belongings. If you believe the bailiffs have acted unreasonably you can make a complaint to the bailiffs office at the court.
What Happens To Your Belongings Left Inside The Property
You will have time to remove your furniture and possessions from the house. The bailiffs won’t usually help you to remove your belongings but will wait whilst you do it yourself. If you do not remove your belongings they will be locked inside. Your lender will usually allow you back in the property once within 2 weeks of the eviction to remove any of the belongings inside. This will be an accompanied visit. If you do not remove all your items by the time the mortgage lender sells your property they can dispose of them. If you can prove that the possession order was obtained though fraud or that the correct legal procedure wasn’t followed the court may allow you to return to the property.
Getting Your House Back After The Eviction
It is still possible to get your house back even after you have been evicted, providing your lenders have not already sold the property to a buyer – by this we mean ‘exchanged contracts’ with a buyer, once this has happened you can not stop the sale from going ahead. If the mortgage lender has not sold your house and you can raise the finances to pay off your mortgage you can apply for an injunction to stop the sale of the property, whilst you make arrangements to pay off your mortgage debt.
We can help you by buying your property fast for cash (simply complete the form on this page) enabling you to repay your mortgage to your lender and then you can rent the house back under our FSA approved scheme. You will need to sign a lease contract and the rent will be based upon similar properties in the same area. Do not delay if you think this will help you keep your home – we can act in 24 hours but you need to contact us now.
A final word: If you require emergency housing, for you or your family visit www.shelter.org.uk (emergency housing section) or get in touch with your local council. It is important when requesting housing via the council that you stress you are not ‘intentionally homeless’ ie – there was nothing you could do to prevent the repossession because you could not afford to pay the mortgage, not because you did not want to pay!
Best Wishes, John.
What are the next steps to take?
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