If you receive Order for Delivery of Possession of Land
If you’ve received a notice of intention to make an Order for Delivery of Possession of Land, this means that the creditors in this case want to repossess your land or property as a result of a court order. This page has information on the options available to you.
What you can do
You can consider the options outlined below.
You can object in writing to the Enforcement of Judgments Office (EJO) within eight days of the date of the notice. Your objection will be listed for hearing in front of the Master.
If the court order is relates to mortgage or rent arrears, you can:
- contact the creditor to pay these arrears in full and request them to withdraw the case - you should make sure that they tell the EJO in writing of the withdrawal
- pay the mortgage or rent arrears in full and apply to the court to have the court order stayed or discharged - if the court order is discharged no further action will be taken but you should be aware that this action will incur a fee
- contact the creditor to see if a suitable arrangement can be reached - if they agree to an arrangement you must make sure that they tell the EJO in writing asking for action on the case to be held
You can also choose to meet the court order and leave the property or land now voluntarily.
You may wish to seek further advice from either a solicitor or a welfare organisation such as the Housing Rights Service or Advice NI.
What happens next
If you object to the notice of intention you will go to a hearing in front of the Master at the EJO. If your objection is upheld, the Master may make an Order preventing the repossession from continuing for a period of time.
If your objection is dismissed the Master will make the Order for Possession and if you fail to leave the property voluntarily you will be forcibly evicted.
If you fail to make full payment of arrears and have the case withdrawn or fail to enter in to an arrangement with the creditor, the Order for Possession will be made. If you fail to leave the property voluntarily you will be forcibly evicted.
What forcibly evicted means
Forcibly evicted means that NI Courts and Tribunals Service personnel will go to the property or premises and remove your personal belongings (including any vehicles, machinery or animals that are located on the property or premises which is the subject of the court order).
The property or premises will be handed over to the creditor. This course of action will result in significant additional expenses which you will be responsible for.