How you proceed depends on why a Notice of Possession was issued. The bankruptcy, granted three years earlier, will not be the reason.
The first thing to do is perhaps try get the warrant of possession set aside before the bailiffs actually act to evict you. This can be done by clearing any rent arrears before the eviction date, and then requesting a re-hearing in court using form N244 available from HM Court Services.
Assured tenants are special cases. The landlord has to prove there are two months of rent arrears before being granted eviction rights. Unfortunately, if arrears are evident, there is no requirement for the courts to consider the ‘reasonableness’ of the landlord’s request.
There are other mandatory grounds on which the courts can grant possession. These include: if the house was or will be the landlord’s principal home; a mortgage lender exercises the power of sale; the property is an out-of-season holiday home or an out-of-term student home; the property is due for demolition or reconstruction; or the landlord dies.
Regarding future rentals, CCCS can’t advise whether your bankruptcy will definitely affect your chances of renting again. Bankruptcy is noted on a person’s credit file for six years, and is a matter of public record.
Renting from a high street agency may involve credit checks. Renting privately could be your best option, although landlords may ask for proof of income or check bankruptcy records to check your suitability. A good reference from your current landlord will help, if you can get one.
Depending on your circumstances, you should contact your local authority as soon as possible. If you have dependents, the local authority may have a duty of care to help you and may be able to make accommodation available through a housing association.
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