Step 3 Choose your debt solution – Common priority debts 3 What if my landlord starts court action? You cannot be evicted from your home without a court order. Even if you are taken to court, this does not mean you will automatically lose your home. The court’s power to let you stay depends on the type of tenancy you have and other factors, such as the amount of arrears you owe. Our Rent arrears fact sheet gives more information on what a court can do for different tenancy types. Even if the court decides that you cannot stay in your home, you will not be evicted on the day of your possession hearing. If your landlord starts court action, the court will send you forms to fill in and usually set a hearing date. If you get court forms, contact us for advice. Even if you have already been to court, it is not too late. You may still be able to ask the court to keep your home. If you have missed a payment set by the court or have received an eviction notice, contact us for advice straightaway. For more information, see our Rent arrears fact sheet. Know your rights Certain tenancies do not give you the same rights as mentioned in this section, for example, if you are a boarder, live in a hostel or are a squatter. Contact us for advice if this applies to you. Mortgage arrears and other secured loans Why are these a priority? Mortgage arrears are a priority debt because you could lose your home if you do not pay them. The advice in this section also applies if you have missed payments on a secured loan or second mortgage. A secured loan is similar to a mortgage because you give your lender security (usually against your home), which they can use if you cannot keep up with the payments. Check your loan agreements to see if any of them are secured on your home. If they are, treat them as a priority debt. Page 55