Evictions

Bracknell Forest Homes has a duty to collect all rent due for its housing, as the income is needed for funding and providing other housing services.

We always act reasonably to try to resolve tenancy or rent arrears problems and are reluctant to evict tenants. However, if all else fails Bracknell Forest Homes will apply to the courts to repossess a property.

The most common ground for eviction is non-payment of rent. However, it is possible for tenants breaching any other aspect of their tenancy agreement, for example through nuisance or anti-social behaviour, to be evicted by the courts.

What happens if Bracknell Forest Homes applies for a possession order?

If a possession order is obtained from the courts, any application by a tenant to vary the terms of the order or to obtain a stay of execution must be made to the court itself rather than Bracknell Forest Homes.

If tenants have a possession order placed against them, it is advisable to seek independent legal advice. Tenants can contact a solicitor directly or the Citizens Advice Bureau can offer free advice.

If the order is a postponed order, you must keep to the terms set down by the court otherwise Bracknell Forest Homes may have to go back to court for an outright order.

If the order is a suspended order and payments are not made, Bracknell Forest Homes can apply to the court for an eviction straight away.
There is no guarantee that the courts will not evict households with children.

The housing association generally has no obligation to re-house those who are evicted for non-payment of rent as they are likely to be viewed as intentionally homeless.

Can I stop an eviction?

Paying the outstanding rent is the best way to stop an eviction. The earlier you take action or seek advice the better. It is more difficult to reach agreements at a late stage. You may apply for the warrant of possession to be suspended. The court will then reconsider your case but may or may not agree to alter the decision.

Please remember: if you are having difficulties paying your rent, speak to a member of Housing Management using the contact details on the right or get advice from the Citizens Advice Bureau and make regular payments as ordered by the county court, no matter how small they are.

What happens if I am evicted?

If you are evicted you will need to find alternative accommodation for yourself and anyone else who is living with you. The court will tell you the date and time that the bailiff will arrive. A representative from Housing Management will also be there. The locks of the house will be changed and any of your belongings that are still there will be cleared.

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