Notice Seeking Possession
We cannot end your tenancy or take back your home unless there is a legal reason for doing so
and if the court agrees. The court has to give us a possession order and we will only ask for
one if you have broken the conditions of your tenancy. We prefer to sort out any problems
that may occur before we take legal action.
Before going to court we must give you a legal notice. This tells you why we are taking this action and which parts of the Tenancy Agreement have been broken. We will normally provide you with opportunities to put things right and avoid court action.
The reasons the council can ask for possession is set out in law. These reasons are called ‘grounds’. If we have grounds, or in other words if we have good reason, we may decide that it is necessary to repossess your home. To do this we must prove to the court that one or more of the grounds, or reasons, exists. In some circumstances, we must also prove to the court that it is reasonable for us to take your home back. Sometimes, for example when we have lots of building works to do, we can ask for possession but we must give you somewhere else to live until the work is finished.
In some cases listed below we do not have to provide you with somewhere else to live. Homeless Persons Unit can give advice and help to people made homeless.
We will ask for the tenancy back if:
- The rent has not been paid or a condition of the tenancy has been broken.
- You or anyone living in the property has been guilty of nuisance, harassment, annoyance, causing damage or has been convicted of using or allowing your home to be used for illegal or immoral purposes.
- You or anyone living in your home or invited visitors have been guilty of any form of harassment.
- The condition of your home or any shared area has deteriorated through the neglect of anyone living there.
- You lied to get your home.
- We have moved you out to carry out works on your home and you refuse to return from your temporary address when the works are completed.
In the following cases we will ask the court for possession but must offer you somewhere else to live:
- Your home is so overcrowded that the law is being broken.
- We want you to leave while we carry out large building works on your home and this cannot be done with you living there.
- Your home has been designed or adapted for people with special needs and you do not need them.
- The tenancy has been taken over after the death of the original tenant and is too large for your needs. (This does not apply to the wife or husband of the deceased.)
This is just a summary of the main grounds for possession. A complete list is available from your Housing Office.
What action is taken if someone breaks their Tenancy Agreement?
In some cases, where the tenant is causing a nuisance or harassing their neighbour we will
ask the court for an order to stop them.
In other cases where the tenancy rules have been broken, we may consider it more suitable to apply for possession of the home. In the first instance we will write to you to give you the opportunity to put things right. If the rules continue to be broken we will give you a legal document called a Notice of Intent to Seek Possession. This gives you a minimum of four weeks to put things right. Your Housing Officer will be monitoring the situation for this period. If the situation is resolved then no action will be taken, although if the rules are broken at any time during the next 12 months we can take further action.
If the problem continues we will ask the court to hear the case and decide what action to take next. This may be an order to repossess your home, an injunction to make sure you keep to the rules, or a court order to pay your rent arrears. You should also be charged legal costs.
At any point we can stop all action if we sort the problem out. You should also seek independent advice.
