eviction, court decree and ilr

[amason]

hi, I have received some disturbing news which I hope to receive some thoughts from this forum.
I was a social housing tenant in Scotland and after six month of getting property i had admission in England. considering the cost of decorating and furnishing the house i decided to sublet to a friend.
the association found out (someone reported) and served a summary warrant which i did not know about. just last week they sent an eviction notice through the sheriff court. i will be handing over keys before eviction date though but want to find out if this will affect my ILR application which is due.
Is the eviction by a Scottish decree a civil judgement? and do I need to mention on application forms

I must say i did not change previous address to the house so I'm not linked to the address in anyway is that any consolation.

I now use my married name but tenancy was in my maiden name.

[Amber]

I imagine it is, however, contact Shelter (click) and ask.

[amason]

Thanks Amber for your continuous help. I did phone shelter but they were not of much help. They wanted to get a solicitor to represent me since I put in a minute for the recall but they could not secure one for me.
I hope declaring it on the application will have no adverse effect.

Thanks again

[Amber]

It should not.

[benneviss]

Hi Amason ,

I note your issue and I would advice of the following:-

Please note that under the immigration laws you can not have a council tenancy but you can obtain a tenancy from Housing association. Scottish Government has made very clear in the legislation that no HA in Scotland deny any person a tenancy on the basis of a immigration status.

Now about a rent arrears ; it is a normal debt like your credit card debt , as long as you are not made a bankrupt by your creditor you are OK.

Although , you hand over keys your HA is going to ask for a decree to recover arrears , legal cost etc. The best way forward is to pay off all the arrears . If it is not possible then you could wait and watch , that your HA does not pursue for the recovery . If they pursue you could pay at the time and save yourself from bankruptcy . You are safe for your ILR .

I hope this helps .

[amason]

Thanks ever so much Amber

[amason]

Hi Amason ,

I note your issue and I would advice of the following:-

Please note that under the immigration laws you can not have a council tenancy but you can obtain a tenancy from Housing association. Scottish Government has made very clear in the legislation that no HA in Scotland deny any person a tenancy on the basis of a immigration status.

Now about a rent arrears ; it is a normal debt like your credit card debt , as long as you are not made a bankrupt by your creditor you are OK.

Although , you hand over keys your HA is going to ask for a decree to recover arrears , legal cost etc. The best way forward is to pay off all the arrears . If it is not possible then you could wait and watch , that your HA does not pursue for the recovery . If they pursue you could pay at the time and save yourself from bankruptcy . You are safe for your ILR .

I hope this helps .

Thanks for your contribution. I don't have arrears it was because I left the property in the care of a friend and moved south for university. My friend took in another person who he eventually evicted not wrongly but the guy in wanting his own property went to report to the association.

The court charges has even been waived by the association so long as I cancel the recall and hand in the keys.
My only concern was the effect on my ILR.
Thanks