Home Eviction Notices - A Quick Guide by Richard Spencer-Hayes

Latest forecasts predict that in 2011 an increasing number of homeowners will face up to home repossession. If your home is repossessed and you do not move out by the date set by the court you will be issued with an eviction notice.

An eviction notice is an order informing you that you will be removed from your home on a specific time and date. The eviction notice will be personally handed to you at least three days before you are expected to leave. On the date of the eviction the bailiff will explain that you are being evicted and that you must leave the property right away. You will be given a maximum of ten minutes to pack a few personal items. After this you will have fourteen days to collect the rest of your possessions such as your clothes and furniture. If you do not remove your possessions in this time then the bailiff will arrange for them to be disposed of.

You can however attempt to get the eviction process stopped. When the bailiffs hand you the eviction notice they have to give you a form to request another court hearing. You should use this form to explain your circumstances and outline the reasons why you want the bailiff's visit to be stopped or delayed. For the eviction to be stopped you will need to present strong evidence that you are able to clear your arrears and will be able to keep up with your mortgage payments.

Even after eviction it may still be possible for you to get your home back. If the mortgage lender has not sold your house and you can raise the necessary finance to pay off the mortgage then you can apply for an injunction to stop the sale of the property. The exception to this is if contracts have already been exchanged with a buyer. In this case you will be unable to prevent your home being sold.