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The Public Relations Of The Court Bailiffs Association

 

What to know about distress for rent

and Special certificate to levy distress

 

Can you stop the bailiffs: tenants

The court usually can't stop the eviction of a tenants Sometimes it can agree to delay the eviction.

When bailiffs are needed to evict you

Your landlord cannot evict you from a private tenancy. They have to follow a procedure to evict you and get a court order.
Your landlord must:

• serve you with a valid notice to leave
• get a court order that orders you to leave
• if you don't leave, apply to the court for bailiffs to remove you and your belongings

The bailiffs can distress you after a court grants a distress order commonly called a special certificate to levy distress

Distress for rent

The court can't stop the bailiffs if you are an assured short hold tenant and your landlord gives you a valid notice and gets a court order.
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Mandatory grounds 

The court can't stop the bailiffs if your landlord gets a court order using a mandatory ground for possession. If a landlord proves that a mandatory ground applies, the court must order you to leave by a certain date. The court sets out its decision in a distress order.

When the court can stop the bailiffs

Discretionary grounds 

Rent arrears and antisocial behavior are examples of discretionary grounds for eviction. It is not usual for private tenants to be taken to court on discretionary grounds, but it does happen. For the court to make a possession order for a discretionary ground, it must be satisfied that your landlord both proved its case and that it is reasonable to make an order.
Your landlord can apply to the court for a bailiff's warrant if:

• the court made an outright order for possession and you stayed beyond the date the court ordered you to leave
• the court made a suspended possession order but you broke the conditions set by the court

You can apply to the court to ask for the bailiffs to be stopped. If the court decides to consider your application, there is usually a short court hearing. This could be on the same day that you apply. At the hearing, you must explain to the court why it would be reasonable to stop the eviction.

Telling the court you will be homeless isn't enough to stop the bailiffs. The court considers reasons related to why you were taken to court. For example, information about your earnings or a new job is relevant if you are being evicted for rent arrears.

The court will decide to stop the bailiffs if it thinks it is reasonable to do so.

If you weren't able to attend the court hearing 

You may be able to get a possession order cancelled (set aside) if you weren't able to attend the hearing where the court decided you should lose your home.
Apply to the court as soon as you find out that a court order was made. Don't delay.
You can apply for the decision to be set aside if you:

• had a good reason for missing the court hearing
• did not delay applying to cancel the order after you found out the original possession order had been made
• would have had a good chance of persuading the court not to make an order for possession had you been there

When there was no court hearing

You may be able to get a possession order cancelled (set aside) if:

• you are an assured short hold tenant
• your landlord served notice that you did not receive
• where there was no hearing because the court made a decision based on the documents provided

You must have a good reason why the court should not have made a possession order..

When the courts can delay eviction

The court can sometimes delay eviction by bailiffs for a short time even if it can't stop the eviction

The court can only delay the eviction if you would suffer exceptional hardship and hadn't told the court about this before.

Legal aid and advice

If you know the bailiffs are coming to evict you, act now if you want to prevent the eviction.

Court costs

Unless you claim certain benefits or have a low income, you have to pay a fee to apply to the court to stop the bailiffs coming.
You may also have to pay your landlord's court fees, including the costs of applying for bailiffs to evict you. This is usually added to any rent arrears you may owe.

Rent payments

Until you move out or are evicted, you must pay your rent or use and occupation charges.

How to ask the court stop or delay the bailiffs

Explain in the application that that you want the bailiffs’ warrants to be suspended or delayed.
On the same application you may also need to ask the court to vary the distress order to change:

• the date you are being asked to leave on
• conditions the court has ordered that you comply with 

How to ask your landlord to stop the bailiffs

You could try asking your landlord to let you stay in your home. If the problem is rent arrears, your landlord might agree if you repay them or show that you can do so soon. Get any agreement with your landlord in writing if you can.
Your landlord can ask the court to stop the bailiffs by writing to them to say that they want to withdraw the distress order. Or your landlord can write to the court saying they do not oppose your application to stop the bailiffs.

Don't assume the bailiffs won't come just because your landlord says you can stay. You must check with the court that the bailiffs' visit is cancelled.

If your landlord decides you can stay, they might agree to give you a new tenancy agreement. If this happens the bailiffs can't evict you.