Cumbrians face evictions in cost of living crisis – expert

Source > News & Star

By Joanna Morris Investigations Editor

30 May 2022 05:08 BST


A COST-OF-LIVING crisis means more people from across the region will face losing their homes, experts have warned.

To help those facing eviction know what to expect from the process, the News and Star has put together a guide to what to expect at the possessions courts.


You will be served with notice to leave your property.

This could be in the form of a Section 8 claim, brought about because the landlord has grounds for eviction. Section 8 claims are used when you have broken the terms of your tenancy, whether through the accumulation of rent arrears, damage to the property or nuisance behaviour.

Or it could be a Section 21 claim – a so-called ‘no fault’ eviction that allows landlords to evict you without reason with as little as eight weeks’ notice.


If you do not leave, your landlord or mortgage lender can make a civil claim to the county court seeking the possession of the property.


A hearing at the possessions court will be arranged and you will be invited to attend.

You are entitled to represent yourself or seek legal assistance. Duty solicitors are also on hand at the court for those who are not represented.


Your landlord or mortgage company – or their legal representatives – will outline their case in front of the judge and you will be invited to respond to it.


The judge decides what kind of action to take – unless the requirements for a Section 8 eviction are met, in which case they have no discretion and must allow the possession to go ahead.

Where a judge can use their discretion, they can decide to grant one of the following:

  • An outright possession order, which means you must leave your property
  • suspended possession order, which means you can stay at the property if you comply with the terms of the order. This usually requires the defendant to pay the latest mortgage or rent instalment, plus some of the arrears that have built up

The judge can also throw the case out, if they decide the claimant has no legal right to take back the property as been explained.


If you still refuse to move out after a judge issues a possession order, a warrant can be sought that would see the eviction enforced by bailiffs.


Throughout the court process, even where a warrant for possession is issued, the claimant and defendant can still negotiate a compromise arrangement to prevent eviction.

And support is available throughout the process, whether at the possession courts or from charities and organisations like Citizens Advice and Shelter. 

Bank of England Boris Johnson Charity Sector Children Comment Piece Conservative Government Cost of Living Crime Economics Energy Food Food Banks food prices Fuel Health Housing Hunger Industrial Action inequality Inflation Labour Party Living Wage London Martin Lewis Mental Health Michael Gove Minimum Wage Opinion Piece Pensions Poverty protest protests Rent Rishi Sunak RMT sunak Supermarkets Trade Unionism TUC Universal Credit Video Wages Wales Work Young People

Print Friendly, PDF & Email
Share the Post:

Related Posts