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  • Housing Legal Advice

Housing

If you are being threatened with eviction, it is imperative you take urgent action. 

The most common ground upon which eviction actions are raised, is non-payment of rent. You may be experiencing some difficulties in your life, and, perhaps have been struggling to make payment of your rent.  If you are behind with your rent payments, your landlord could take action to have you evicted from your home.  If you are experiencing financial difficulties, it is important you keep in contact with your landlord.  Most landlords will be sympathetic if you explain your circumstances and keep them informed. 

Prior to an eviction action being raised at court, your landlord must serve formal notices upon you to advise you that they intend to apply to the court for your eviction. The type of notice you will receive will depend on whether you rent from a private landlord or social housing provider such as Glasgow Housing Association. 

If you receive a summons calling you to court, it is important you take action before the ‘return date’ on the summons. This is the date by which you require to tell the court you are defending the action.  If you fail to respond by that date, you might find the order for eviction being granted, even if you appear that the 'first calling' of the case.

Before granting any order for eviction, the court must be satisfied that, not only that you are in arrears with your rent, but that it is also reasonable to evict you.  There could be a number of circumstances unique to you which would make it "unreasonable" to evict you, such as poor health.  

Actions of eviction can also proceed on grounds of anti-social behaviour or other breaches of your tenancy agreement, legal aid is available in all cases, subject to means testing. 

If you are at risk of eviction, contact us urgently. The earlier you seek advice, the more likely it is that you will be able to remain in your home.

 

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