What is eviction?​

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Eviction is the process of removing you from your home. In the context of the repossession of your home, this will likely be a cause of your lenders actions via a court of law. It is important to know your rights and the regulations surrounding eviction to ensure you are protected to the maximum extent you can be. There are a number of common questions asked surrounding eviction, which are referenced and answered below to help you if you are facing this unfortunate situation.

When can I be evicted?
 

If a court has ordered that your mortgage lender can repossess your home, you can be evicted if you subsequently do not leave voluntarily within the time period specified. As noted in our repossession process guide, judges normally allow 28 days from the date of the court hearing, but could allow you more or less time than this. 
 

Only court bailiffs are lawfully allowed to remove you from your home. To do this they require a warrant for possession to be issued by the court. Your lender must apply for this and can do so under two primary scenarios:
 

• As mentioned above, if you do not leave by a set date ordered by a court as part of an outright possession order

• If you do not default on or do not keep to the terms of a suspended possession order

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Am I entitled to any notice before bailiffs can remove me?
 

Yes you are. Despite having permission from the court to remove you, bailiffs must notify you in advance of the date and time that they will be coming to evict you.
 

They are required to use a Notice of Eviction (form N54) from the court. They can send the form by post or can visit your home and leave the form there with you. You should be granted at least two or three days notice of your eviction. Whilst there are no rules governing the specific time bailiffs are allowed to visit during the day, it will usually be within normal working hours.
 

If there are special arrangements that need to be made because of your personal circumstances, for example if you need help because you have a disability, or because you have children, ensure you contact the bailiffs’ office at the court (the details of which will be on the notice of eviction). Seek advice from your local citizens advice bureau if required or if you want to ensure you have followed the correct process to ensure your circumstances are taken into consideration.
 

In summary, bailiffs cannot evict you from your home unless you have been given notice in writing of their arrival date and time.
 

Can my eviction by bailiffs be stopped or delayed?
 

You may still be able to stop or delay the repossession of your home after bailiffs have notified you of their intended arrival date, but in circumstances where a court decides this is reasonable. To allow the court to make this decision you will have to apply for an urgent court hearing.
 

Given the typically short notice period provided by bailiffs, do this as soon as possible if you are considering making an application. If you have a low income, you may be entitled to legal aid to help pay for a solicitor. Refer to our useful links section for further detail and support regarding legal aid, including a legal aid calculator to help determine whether you may be eligible. 
 

You might be able to argue for the bailiffs to be delayed because you are ill or have young or disabled children, and need more time to find somewhere else to live. If you are asking for a delay, you will be asking the court to ‘suspend the warrant for possession’.
 

You may also be able to ask the court to stop the bailiffs altogether. In this case, you will ask the court to ‘set aside the warrant for possession’. Possible reasons that could be applicable to you might include:
 

• You were not present at the court hearing at which the court ordered your home to be repossessed because you were not informed about it 

• There is a good reason why you have not acted earlier, for example, you have been ill, or away and were not aware of the situation

• You have found a private buyer for your property

• Your circumstances have changed and you will be able to pay off what you owe if you are given more time, for example if you have a new job

• Your lender did not follow the correct, lawful procedure

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To apply for a warrant of possession to be ‘suspended’ or ‘set aside’, you must fill in a N244 defence form to request a court hearing, explaining your circumstances and the reason you want the bailiffs’ visit to be stopped or delayed.

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What happens after I apply to stop bailiffs?
 

The court you have applied to will arrange an urgent hearing date after it receives your application to stop or delay bailiffs. This may even be set for the date of the repossession itself. If this happens, ask the court officer to inform the bailiffs’ office so that the bailiffs do not carry out the repossession while you are attending your court hearing.
 

If the judge decides to stop or delay the bailiffs’ visit, you should immediately contact the bailiffs’ office at the court to make sure that they are aware that the repossession has been stopped or delayed, otherwise they may still proceed with the eviction.
 

What rights do bailiffs have?
 

Bailiffs are allowed to use a reasonable, but not excessive, amount of force to enter your home and to remove you (and anyone else living there). Once they have entered your home, they will likely change the locks to make sure you are not able to get back in. They may also disconnect the gas and electricity supply.
 

Your lender’s solicitor or estate agent will also be present when the bailiffs arrive for the bailiffs to then give the new house keys to them. The bailiffs can also ask the police to attend the eviction to prevent any disturbance.
 

Bailiffs are required to act reasonably, therefore they are not allowed to use violence against you or threaten to do so, and they are not allowed to harass you or others in your home. They cannot use offensive language or cause damage to your belongings. If you feel your bailiffs have acted unreasonably you are within your rights to make a complaint. Examples could include:
 

• Harassing you or other people in your home 

• Threatening arrest or imprisonment

• Using offensive language

• Damaging your belongings

• Conducting the eviction when only minors are at home, such as your children

• Evicting vulnerable people without suitable alternative arrangements having been made

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Our useful links section provides details and resources on how you can register complaints about bailiffs. 
 

What happens to my belongings if my home is repossessed?
 

It is the bailiffs responsibility to vacate you from your home and secure it for your lender. They will not remove any of your furniture or belongings unless the court has specifically mandated that they should do. However, if you do not remove your belongings they will be left locked inside your home. You will therefore need to make separate arrangements with your lender to collect them at a later date. 
 

You will normally have to remove everything within a short period of time, typically within a few weeks. If you do not do this and do not make alternative arrangements your lender may dispose of your belongings after this date, therefore it is recommended you make the necessary provisions in advance, such as leaving important belongings with a trustworthy friend or family member.
 

What options do I have after eviction?
 

The court has no power to reverse or change the terms of the possession order after you have been evicted. However, the court could consider an application to set aside the eviction if the possession order was obtained by fraud or if there had been an unfair action in your lender being granted the possession order.
 

Examples of possible unfair actions could include:

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• If you were prevented from applying to set aside a possession order by a housing officer

• Your lender failed you that they were applying for or obtaining possession, if you were on remand, despite having your contact details

• You have been evicted despite being told that nothing would happen until your benefit claim was processed

 

Whilst you do have a general right to appeal against a court decision outside of the above reasons, you would have to be able to prove that a judge had clearly made a wrong decision. Before taking this course of action it is recommended you take independent legal advice to ensure there is a possibility your claim will be successful, to avoid unnecessary time and expense being diverted towards these efforts.

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