Eviction Advice

Eviction - What does it mean?

If you are a tenant with Cube Housing Association you require to meet certain tenancy conditions.  If you do not meet these conditions, the Association can apply to the Courts to have your tenancy ended and you and members of your household removed from your home (evicted). 
The two main conditions this normally applies to are:

• You are not paying your rent, or
• You, members of your household or visitors to your home, have behaved in an anti-social manner.
  
  

How will I know I am being threatened with eviction?

You will have received letters and visits from representatives of our Tenancy Management Team.

You will also have received a 'Notice of Proceedings for Recovery of Possession'.  This Notice is issued by Cube, and is a warning that action may be taken to recover possession of your home.  It does not mean you have to leave your home and does not affect your right to continue living in your home, or your duty to pay rent.

Why is a Notice of Proceedings issued?

The Notice is issued because you have failed to meet one or more of your tenancy conditions (e.g. non-payment of rent or anti-social behaviour).  The Notice tells you the earliest date Cube can lodge your case in Court.  Cube can only evict you if a Sheriff grants a Possession Order (called a Decree) in Court.

What can I do to stop Eviction Action being taken against me ?

If you receive a Notice of Proceedings you should immediately contact the Tenancy Management Team at our North Office, 70 Glenfinnan Road, Glasgow, G20 8JX, Tel 0141 945 3155 to discuss the matter. 

Even at this stage it is not too late to stop further action being taken.  You may also find it helpful to contact your local authority Social Work Office or Money Matters Advice Service who should be able to assist you in areas such as ensuring you are receiving all benefits due or debt problems.  These services can be accessed through our Tenancy Management Team.  Given the seriousness of the situation you would also be well advised to seek independent advice from either a solicitor or an independent advice agency. 

What if I receive a Court Summons?

You must act immediately. At this stage it is even more important that you seek advice from either a solicitor or an organisation such as Shelter or Citizens Advice Bureau.  These organisations may also represent you at Court.  If you are on a low income, Legal Aid may be available to pay the costs of representation.  Whether or not you are represented, it is best to attend Court personally.

Will I have to pay Court Costs?

Yes. Any court action may result in you being held responsible for costs, which you will be required to repay.

How will I know the decision of the Sheriff?

The Sheriff will advise of his decision at the end of the Court Hearing.  You will also receive a letter from our Tenancy Management Team telling you what the decision was, and how this decision is to be enforced.  If you are to be evicted (that is, removed from your home), you will be advised of the date and time that the eviction will take place.  Permission is always obtained from the Association's Management Committee to evict.

What happens at an eviction?

The eviction is carried out by Sheriff Officers.  They will serve a 'Notice of Eviction' to your home at least 48 hours before the eviction is due to take place.  Prior to the time of the eviction you should arrange for yourself and all members of your household to vacate your home.  In addition you should also arrange for all your belongings to be removed from the house.  Once you are removed from your home, the locks on the door will be changed.

How can I stop the eviction?

If you are being evicted due to non payment of rent, full payment of the sum outstanding will normally stop the eviction action.  You should urgently contact the Tenancy Management Team to make arrangements for payment.  If you are being evicted for anti social behaviour then it is unlikely that the eviction will be cancelled.  However, you should contact the Tenancy Management Team to discuss the situation and assistance which may be available to you.  It is never too late to seek advice. If you get a Sheriff Officer's letter contact a solicitor or advice agency immediately.  Even at this late stage it is possible to stop an eviction if you have not had representation at the court hearing.

What happens after an eviction?

If you are evicted for rent arrears or antisocial behaviour, this may affect your chances of being re-housed by the Council or other Housing Associations.  You may be entitled to temporary accommodation for up to 28 days.  It is therefore advisable to contact your local council, who will be able to provide you with the appropriate advice and assistance.  If you are a family with children, it will be advisable to contact your local Social Work Department at the earliest possible opportunity.

If you are evicted for rent arrears, Cube can arrest your wages or bank/building society accounts to recover the debt.  You could also be credit blacklisted, and may be refused bank loans, hire purchase, or mortgage facilities.

Eviction action will always be used as a last resort and will only be taken when all other options have been exhausted.  It is important you speak to your Tenancy Management Team, local authority Social Work office, or seek legal advice as soon as possible.

To help avoid eviction you should:

• Act early when difficulties arise.
• Contact the Tenancy Management Team if you are having difficulties with paying your rent
• Seek independent advice
• Don't put your head in the sand - act before it's too late!