How to top eviction from council house

This topic is for you if you live in a county, housing association, or tenant-owner association and have been told that measures can be taken to move you from your home.

Can I be evicted?

If you rent your home from a council, housing association, or tenant-owner association, you will probably have Scottish insurance or a card agreement. This means that the owner must have at least one reason (or “base”) to kick you out. To take over your home, the homeowner must initiate legal proceedings in court. Before they can do this, however, they must send a “process message” to the tenant (and any eligible passengers). This will tell you which land the owner relies on.

The landlord can only evict you if they have an order from the sheriff’s court. The sheriff cannot issue an order if they do not think it appropriate to do so. Even if an order is placed, you do not need to transfer by the date specified on the order. However, if you haven’t gone by that date, sheriff’s officers may come to remove you and your belongings.

What did the Prevention team do?

Our prevention team will check if the owner has followed the correct procedures. If possible, we will speak with them to ensure that this is the last resort and that they have given you a good opportunity to resolve the issue before litigation begins. If you need to move, we’ll give you advice and help you find another place to live – and help you figure out if you can afford it. If you experience homelessness, we will assess whether your actions contributed to your homelessness (in which case, we may be homeless on purpose). In this case, we don’t need to provide you with alternative social housing, but we will do our best to ensure that you can arrange the house. If you have children, we may refer you to a social work team role.

What happened in court?

In court, the sheriff examines the circumstances and decides whether it makes sense to issue an eviction order. The sheriff may decide not to expel him immediately, but the eviction is delayed because he adheres to a legally binding agreement to pay arrears.

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Representative in court

You may have legal representation in court, you can challenge a case that will allow you to stay, or you may have a result that is not eviction.

If you are evicted from your home, you can seek help from the council. You can only be dismissed if the landlord has followed the correct steps. They must:

  • Give formal notice of section 21 or section 8
  • Apply for a court order if you have not visited the date as stipulated in section 21 or section 8
  • Ask the court for a deed of possession if you did not visit the scheduled date
  • Ask for a court order – which means the sheriff can force you to leave your home

If the landlord has not yet appeared in court, it is advisable to first consider the notice in section 21 or first look at the notice in section 8 to see if it is justified. If your 21st or 8th chapter warning is unfounded, you can handle the eviction and stay home.

See if your local council can help you.

Your local council has an obligation to assess your case if any of these apply:

  • You have requested accommodation or assistance to maintain or obtain accommodation
  • Are you homeless or homeless in 56 days

If you have nowhere to live for the next 56 days and you qualify for assistance, your local council will help:

  • save your accommodation your
  • get adequate accommodation
  • See if you qualify to help the homeless.

If after 56 days or if your local council has done everything in their power to help you find accommodation, they will take 5 legal tests. This test decides if you:

  • Are eligible for help
  • Homeless people will be homeless for 56 days
  • Accommodations are needed
  • Homelessness — for example, if you are fired for not paying rent — sometimes they will decide if they don’t go or if you don’t know, please ask your council.
  • Have a meeting-place, for example, living or working in the area

If you have a disability or a long-term illness, and being deported can be detrimental to your health, you can also be the first in need. It can be difficult to convince local authorities that they need your help. Ask a local community committee to help you — they can tell you what to say.

If your advice is not to give a house

Your local government can help you in other ways. If you are homeless, they can help you find a new place to live. If you become homeless, they can try to help you stay at home. The help you get is in your health. This may include:

  • advice on how to get home
  • get help paying to save on a new home
  • help pay your rent in advance if you find a new home
  • assistance and transportation costs

If you can get real estate interest or an international loan to pay off your rent, the municipality can also find an independent landlord to take over the tenants.

They also deserve to explore other ways to move elsewhere. For example, participate in housing lists and lists to local residents.

Create applications that do not have the earth

You should talk to your local council as soon as you know that you will not have the earth. There is no proper time for council decisions – they should try to solve your problem without any unnecessary delay. Maybe they should look for a place to stay temporarily when they make a decision. You can find local government information at GOV.UK. If the council considers you to be a place to live within 56 days (8 weeks), they must direct you to a place that is not to live. The council can:

  • try to negotiate with your current owner so you can stay
  • pay your deposit
  • provide you with the contact details of the owner or agent who thinks you own the property
  • help you use benefit claims so you can rent

It’s a good idea to go to the local council office as soon as it opens. The accommodation staff will be able to advise and answer your questions. You must take:

  • proof of your identity, for example, your passport
  • Your lease, if you can get it.
  • proof of why you should leave your land, eg eviction notices
  • someone with you if you want, like a friend or family member to support you and take notes

“Disclaimer: This is not legal advice. This is an informational article only.”

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