Council & HA Tenants

Types of Court Order

Adjourning the proceedings

This is a step before a court order is made.

If your arrears are under £1,000 then it is worth considering requesting that the court adjourns the proceedings on the basis that it would not be reasonable to make a possession order.

This would certainly be an option in a case such as where there was an outstanding claim for Housing Benefit.

An adjournment is where the case is delayed, either indefinitely or for a fixed length of time. The tenant is given the opportunity to resolve the arrears during the adjourned period. If the arrears are not addressed, the matter can return to court and the court will usually make a different type of order.

The Tenants' Management Organisation itself has a policy to adjourn possession proceedings where the debt is less than £250.

Posptoned Possession Order

A postponed possession order is a possession order that has been suspended on terms agreed between the landlord and tenant.

Provided that the tenant keeps to these terms, no further possession action will be taken to evict the tenant.

It is the most common form of order that the court will give.

However, if you do not keep to the terms, for whatever reason, your landlord can apply to the court for a date for possession. This means that your tenancy will end on the date set by the court. After this, your landlord can apply for a Bailiffs warrant to evict you.

Possession Order

If you do not return the reply summons, attend court, explain your circumstances or make a reasonable offer to pay off the arrears by way of instalment then the court may grant an outright possession order.

A possession order may also be made in cases where you have previously made arrangements to clear the arrears and have consistently failed to do so or where the arrears are so large that they cannot be cleared within any reasonable period.

Appealing against a Possession Order

There are limited circumstances in which an appeal against an order will be successful.

You do not need leave from the court to appeal. Notice of your intention to appeal must be served within 14 days of the date that the court order was made and must state the statutory grounds on which you are appealing.

Therefore, it is recommended that you urgently seek advice from a solicitor [see Useful Contacts].

Warrant for Possession

If the tenant does not leave within the time specified in the possession order, then the landlord must apply to the court for a Warrant for Possession.

There is no legal duty on the landlord to inform the tenant of this application, but many do.

It is usual practice for the bailiffs to inform the tenant of the date and time that they are coming to take physical possession of the property.

Information on the County Court

Further information on the court service, including court application forms, is available on the court service website:

www.hmcourts-service.gov.uk

For residents of Kensington & Chelsea, the case will either be heard in the Central London County Court, or West London County Court. For contact details and opening hours [see Useful Contacts].

It is advisable to seek independent advice from a specialist housing advice agency such as HASKC, or a solicitor [see Useful Contacts]. Indeed your landlord should recommend that you take independent advice.