LEGAL EAGLE: Your rights when faced with threat of eviction

I am married with two children. My social landlord issued possession proceedings against me in March.
Your legal rights when faced with prospect of eviction.Your legal rights when faced with prospect of eviction.
Your legal rights when faced with prospect of eviction.

I fell into arrears with my rent after losing my job last year. We are now receiving Universal Credit and have been able to pay my rent every month since May when my benefits came into payment.

The Court wrote to me and told me the proceedings were being put on hold due to Coronavirus and I haven’t heard anything since. I am worried that my family and I will be evicted at short notice. On March 26, 2020, the Coronavirus Act came into force which prevented tenants (in social or private accommodation) being evicted from their home as a result of being unable to pay their rent during the pandemic. This meant that cases which had been issued at Court could not progress to the stage where a tenant could be evicted. This included possession claims brought under the Accelerated Possession Procedure. The suspension was for an initial period of 90 days and was then extended further to 20th September 2020. Although cases could not progress, all tenants remained liable to pay their rent during this period.

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As the claim against you was issued before 3rd August 2020, your landlord is required to file with the Court a Reactivation Notice. This should set out what your landlord knows of your circumstances and the impact (if any) the Coronavirus pandemic has had on you and your family. Your landlord needs to do this by 29th January 2021.

Should you wish to respond to the Reactivation Notice, you must do so within 14 days of receiving it. The Court will then list your case for a review hearing. You will be given at least 21 days notice of that hearing. Once you receive notice of a Court hearing, it is recommended that you seek legal advice as soon as possible. 14 days before the review date, your landlord will send a bundle of documents to you which sets out their case and the efforts they have made to resolve matters with you. If you seek legal advice, these documents should be provided to your Adviser.

There is no need for you to physically attend Court as the Judge will simply consider the paperwork in your case without having anyone present. If necessary, the Judge will speak with you/your legal representative and the landlord by telephone.

If matters cannot be resolved at that hearing, a further ‘substantive’ hearing will be listed approximately 28 days after the review hearing. You will be asked to attend Court for that hearing. Free legal advice is available to you for a review hearing and an initial substantive hearing. Details of legal advisers will be sent to you by the Court.