Eviction
If the resident fails to adhere to the conditions of the suspended possession order eviction will be pursued as a final option. (Stage Six).
Housing 21 will only seek to evict a tenant as a last resort, where alternative remedies have been exhausted. For example, support in claiming benefits or obtaining assistance from occupational charities. In the event that the property is unaffordable for the tenant although they have managed to maintain an agreement, the OM/ECM may wish to consider if a transfer may be appropriate. If this does take place, the tenant should clear the arrear by direct debit in addition to the rental charges on a new property.
Housing 21 will ensure that no one has been treated unfairly due to their protected characteristics i.e. age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation.
Authorisation must be obtained from the relevant Executive Director of Service using the eviction report. The Executive Director must also seek approval from the relevant board committee. Only once all relevant avenues have been explored, will the eviction report be signed giving consent to apply for a Warrant of Eviction.
The Scheme Manager/ Housing Manager should be kept informed of all stages that have been undertaken regarding rent arrears, in particular action that will lead to eviction proceedings. The Scheme Manager/ Housing Manager should also contribute to the Eviction Risk Assessment.
When the Executive Director of Service has authorised the eviction the Income Admin Team will apply for the Warrant for Possession as requested by the OM/ ECM.
Where consent has been given by the resident the Local Authority housing department will be notified in writing advising them of the name and address of the resident to be evicted and the date. Similarly, if Social, Welfare or medical services have been involved, they should also be so advised where such consent has been received. Full details of any vulnerability should be notified to the housing team in order that they can be fully aware of the tenants circumstances
A visit should be made to the property by the OM/ ECM two days before the eviction date to ensue the resident is fully aware of the situation and enquire as to the resident’s intentions on the day. A pre-eviction visit form should be completed to fully identify support or risk issues for either the resident or Housing 21 employees. Prior to the eviction taking place the Scheme Manager/ Housing Manager should consider if they think it is likely that the resident intends to involve the press. If this is likely then the Communications Manager is to be informed, so that a press release may be provided in good time. The Scheme Manager/ Housing Manager and OM/ECM should also consider whether there is any need to notify either Social Services or the Police based on knowledge about the resident and their circumstances.
On the day of eviction the OM/ ECM should be in attendance. Arrangements will be made to change locks. If the resident is still in residence on the day reasonable assistance will be offered in assisting them to leave. If the resident is uncooperative Housing 21 employees should leave the matter in the hands of the bailiffs. If the resident is not in attendance at the time of the eviction at any point and there remains personal belongings within the property, the locks should be changed after making a fully inventory of belongings. These should then remain in storage within the property for a maximum of 28 days to allow the tenant or their representatives to collect their belongings. When belongings are collected, keys should not be given to the former tenant or their representatives at any point as this infers a tenancy. If there are any goods to be stored, the cost of storage can be deducted from the proceeds of any sale of these goods.
Housing 21 understand how distressing to other residents and employees directly involved in incidents where evictions are carried and support and advice should be sought from line managers
