Facing the possibility of eviction and the arrival of bailiffs can be a deeply unsettling experience. This article aims to demystify the process, offering clear and accessible guidance on what happens when bailiffs come to evict you.

We will explore each step, from applying to the court with Form N244 to seeking expert advice and handling the emotional toll of such a stressful situation.

Table of Contents

1. Types of Possession Orders for Eviction
2. When Can My Landlord Get a Bailiff to Evict Me?
3. How Do I Find Out The Arrival of Bailiffs?
4. Received A Letter Requesting to Evict. What Should I Do?
5. When You Get a Date to Evict
6. Can I Stop or Delay the Bailiffs?
7. What Happens When the Bailiffs Arrive?
8. Things to Note When Dealing With Bailiffs
9. What Are My Rights on Eviction?
10. Additional Advice and Guidance
11. Key Points

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Types of Possession Orders for Eviction

The two types of eviction orders that can be created include:

This indicates that you should leave the property by a particular date. If you don’t, bailiffs will get involved. If there are young children or any disabled individuals living on the property, it’s possible to request more time from the court. In some situations, you can get up to six weeks.

With this type of order, you are able to live on the property, but you should meet certain conditions. For example, you might be asked to pay back any rent you owe every week.

If you’re struggling to make payments, you have the option of taking up a debt solution. If you want some advice on this, feel free to reach out to a debt charity. Alternatively, fill out our online form, and our MoneyAdvisor team will guide you.

When Can My Landlord Get a Bailiff to Evict Me?

Wondering what happens when bailiffs come to evict you? It all starts with your landlord’s actions. Here’s a simple breakdown:

If you haven’t left the property by the date mentioned in the possession order, you’re at risk.
Not adhering to the terms of a suspended possession order also triggers the next step.

In this situation, your landlord can apply for an ‘eviction warrant’. An eviction warrant allows bailiffs to physically remove you and your belongings. So, they have the legal authority to ensure you leave the property.

What happens when bailiffs come to evict you isn’t just about physical removal. It’s about understanding your rights and preparing for what’s ahead.

How Do I Find Out The Arrival of Bailiffs?

When your landlord gets an eviction warrant, the court sends you a Notice. This important letter tells you exactly when the bailiffs plan to arrive. It could be in one or two weeks, or sometimes even sooner.

But remember, only a bailiff from the county court or a High court bailiff can legally evict you. If someone else tries, it’s an illegal eviction, which is a serious offence. If this happens, seek help immediately.

Now, imagine you’ve got the notice. What happens when bailiffs come to evict you is crucial, and being prepared is key. The next section will explain how exactly you should handle this.

Received A Letter Requesting to Evict. What Should I Do?

Once you receive the notice, act fast. If you don’t take action, the eviction will proceed. In this case, you lose your home. An adviser can guide you on crucial points such as stopping/delaying bailiffs or exploring housing options.

The sooner you get help, the better your chances of keeping your home or finding a new place before the bailiffs arrive. Remember to take your court papers when you consult an adviser. If you’re threatened with homelessness, contact your local council.

They might have responsibilities to assist you in retaining your home or securing new accommodation.

Need more Help to deal with your unaffordable debts?

If you’re unsure how to deal with your unaffordable debts, feel free to fill out our online form, and our Money Advisor Team will get back to you to guide you.

When You Get a Date to Evict

Once it has been scheduled, you will receive another letter that includes the date that you should be evicted. In order to carry this out, the lender will use County Court bailiffs.

But how fast this will happen depends on how busy the local county court bailiffs are. It will usually be quicker if they use a High Court bailiff.

They will send you a letter providing details from the bailiffs or HCEOs. It usually includes:

Date and time you should evict
What you can do about it
Contact details of the lender’s solicitor and the bailiffs

There is still time to take action. Asking for the court to postpone the date or suspend the warrant is possible. For advice regarding this, reach out to your local council.

Can I Stop or Delay the Bailiffs?

This depends on the agreement you signed with your landlord and the reason the landlord got a possession order. If you want to delay being evicted, apply to court using court form N244.

You should also send copies of documents which might help to prove why you want it suspended. Explaining how things will change is also crucial. For example, show how you’re planning on paying rent arrears moving forward.

Note that a fee will be charged for the application. It’s possible to apply for an exemption or a reduced fee if:

You have low income
You get certain benefits.

In a situation where you’re asked to leave, find an alternative accommodation without delay. Contact your local council’s homelessness department if you don’t have a place to go to. They have a duty to help you secure other accommodation. Also, depending on your situation, they should provide you with emergency housing.

What Happens When the Bailiffs Arrive?

So what happens when bailiffs come to evict you? Here’s a clear breakdown of the process:

Bailiffs will ensure you leave the property. If you’re absent, they’ll lock it to prevent access. Your landlord or their representative must be there to officially hand over possession.

Police may be present if there’s a risk of conflict. They’re there to prevent disturbances, not to assist in the eviction.

Reasonable Force: They can use necessary and reasonable force for entry.
Time of Eviction: No specific time constraints, but they must act reasonably.
Your Belongings: You’ll be asked to remove them, or the landlord might do so.
Possible Complaints: If bailiffs act unreasonably, like harassment or causing damage, you can complain. Complain to the Civil Enforcement Association or get help from an adviser.

What happens when bailiffs come to evict you is more than just leaving your home; it’s about understanding your rights in this critical moment. This suspenseful situation calls for informed decisions and possible actions you can take.

Things to Note When Dealing With Bailiffs

Some points to note when dealing with bailiffs are as follows:

Bailiffs can come to your home only between 9 am and 5 pm. If they come outside of the time, you can refuse to deal with them.
Bailiffs should provide proof of their identity. So, you have the right to request IDs before you allow them inside your house. If they fail to show proof, ask them to leave. It’s mandatory for bailiffs to carry some form of ID on them. This includes an enforcement agent certificate, badge, or ID. Checking the Certified Bailiff Register will also help to verify their identity.
Bailiffs cannot use physical violence or offensive language when dealing with you. If a bailiff threatens you, call the police.
Bailiffs have the right to call the police. If you refuse to leave the property or use physical violence, bailiffs can request the police to help them evict. The police might also arrest you for breach of peace if you don’t cooperate.

What Are My Rights on Eviction?

Landlords are obligated to follow certain rules, and they should treat tenants fairly. The rules include:

Landlords cannot harass tenants or force them to leave a property without taking the necessary steps.
Harassment can include anything that makes a tenant feel unsafe, intimidates or forces them to leave. This includes:
Withholding keys
Turnings off electricity or gas
Threats or physical violence
Refusing to carry out repairs
Deliberate anti-social behaviour by a landlord or someone who represents them.
If a landlord does the following, they are guilty of illegal eviction:
Don’t provide the correct letter to leave the property
Ask the tenant to leave without a court order
Change the locks

Additional Advice and Guidance

If you are supposed to leave your property and need some to find another place to live, reach out to:

Your local council
Citizens Advice
Law Centre

This will help to reach out to other organisations that offer help. It will also enhance your understanding of what happens when bailiffs come to evict you.

Key Points

The type of rental agreement and the reasons for the possession order are crucial in determining if you can delay or stop the eviction.
Apply to court using Form N244 to challenge the eviction.
Provide supporting documents, such as plans for paying rent arrears or evidence of behavioural changes.
Be aware of the application fee, but also explore options for fee reduction or exemption based on financial circumstances.
Utilise the expertise of advisers for assistance with court paperwork. Prepare by bringing all relevant documents for consultation.
If eviction is delayed or halted, inform the bailiff’s office of the court’s decision.
If eviction proceeds, prioritise finding alternative accommodation and seek assistance from the local council for housing or emergency shelter.
Understand the legal limits of bailiff actions during eviction.
Make swift decisions regarding possessions during the eviction process.
Acknowledge and address the emotional and mental impact of facing eviction.
Seek emotional support and assistance from local community resources.
Stay informed and prepared, regardless of the eviction outcome. Remember that seeking help and staying knowledgeable are key in navigating through the eviction process.