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Evictions - due to rent arrears
If you break the terms of your tenancy we will take action against you. Our aim is to work with tenants to resolve problems as soon as possible. But sometimes, if we cannot solve the problem or the tenant refuses to change their behaviour we have no option but to ask the court for permission to evict the tenant.
We will evict tenants who do not pay their rent or who seriously break any other condition of their tenancy.
We cannot evict you without a court order.
If we evict you, you will have to find for yourself and your family alternative accommodation.
If we evict you it will affect your chances of being rehoused by us in the future.
What happens
If you break the conditions of your tenancy we will contact you and ask you to put things right. If you do not we will start legal action.
In the first place we will serve you a legal notice that we intend to take court action. This gives you 28 days, to put things right, for example clear your rent account. For introductory tenants this may be longer.
If at the end of this time you have not put things right, we will ask the court for a date to make a decision about your tenancy. If we take legal action against you will be responsible for all the court costs and legal fees.
If you are an introductory tenant, you will have a right of appeal against our decision to serve a notice against you. This is because you have less rights and less security as an introductory tenant. We have to hear your appeal before we ask the court to hear your case.
The Court will tell you the date they are hearing your case. You are advised to attend the hearing and give evidence.
We can ask the court for one of the following court orders:
- A suspended possession order or a postponed possession order. This means we can repossess your home in the future if you fail to make the payments the judge asks you to make.
- An adjournment .This gives you time to sort out any issues that are raised during the court proceedings.
An adjournment with liberty to restore proceedings at a later date. - A money judgement for the court costs if you have cleared the rent arrears before the actual court hearing.
- Possession of your property.
If the court decides to make an order to evict you, the bailiff will contact you and give you the date this will happen on.
We will also contact you to confirm the date and time.
On the date of the eviction the bailiff will arrive at your home along with a representative of Berneslai Homes. We will change the locks and make arrangements to clear your belongings from your home.
Can I stop the eviction?
You can stop the eviction if we agree to it. We will only agree to it if we are satisfied that you will keep to the terms of your tenancy and that you have put right the reason we are taking the action. For example paying all your rent arrears or putting right to our satisfaction any damage to your property.
If we agree to stop the eviction we have to ask the court to change their decision.
If an eviction warrant has been served which tells you the date of the eviction, you can ask the Court to review its decision to issue an eviction warrant. You will need to contact the Court and complete an application form to suspend the eviction. The Courts make a charge for this application.
A date for the review hearing will be set and you will need to attend the hearing.
Helplines
Visit Barnsley Connects for information on your local office. All offices are open Monday to Friday 9.00am to 5.00pm.
How you can help us
To stop us taking legal action against you, you simply need to keep to the conditions of your tenancy.
Leaflets
- Your Rent Your Tenancy .
- Tenancy Agreement
- I Have Been Served a Notice of Seeking Possessions- What Happens Next. (Secure Tenants) .
- I Have Been Served a Notice of Possession Proceedings - What Happens Next. (Introductory Tenants) .
Legislation
- Housing Act 1985.
- Housing Act 1996.
Email Contact
RentsRecovery@berneslaihomes.co.uk
Websites
- Barnsley Credit Unioin
- Barnsley and District Citizens Advice
- Department for Communities and Local Government