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Have you received a warrant of eviction?

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A warrant of eviction is a notice that you will receive from the Court. This gives a date for the County Court bailiffs to attend at your property, evict anyone living there and change the locks. This is the final step in the eviction process, however, it does not have to be the end. Depending on your circumstances you may be able to make an application to the County Court to suspend the warrant of eviction.

If your landlord, or mortgage company, issued possession proceedings against you on the basis of rent or mortgage arrears, and at the time you receive a warrant of eviction you can begin making payments towards the arrears, as well as paying your rent or current monthly instalment, the Court may agree to suspend the eviction on the agreement that you make these payments in the future. The minimum the Court would expect a person in rental arrears to pay towards their arrears is £3.75 per week if you are in receipt of benefits, or £5.00 - £10.00 per week if you are employed. Whereas the minimum the Court would expect a person in mortgage arrears to pay towards their arrears is the full arrears divided over the remaining term of the mortgage if this is affordable.

The Court will list an application to suspend a warrant of eviction for a hearing with a District Judge and provide you with a notice of hearing confirming the hearing date. The Court will also contact any other parties to give them notice of the hearing. At the hearing you will be given the opportunity to explain your circumstances to the Judge and the Judge will look at the whole case history before coming to a decision.

If you have received a notice of eviction and want to make an application to Court to suspend the eviction you can contact our specialist housing team for assistance by calling 0175 321 6399 or by completing an online contact us form. Depending on your financial circumstances you may qualify for Legal Help or Legal Aid as this funding is still available for these cases. We can assist you not only with making the application to Court, but also negotiate with your landlord or mortgage lender, and attend the hearing with you to make representations to the Judge on your behalf.

By Laura Waby, Graduate Paralegal in the Housing Team.

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