Breaking the terms of your tenancy

If you break the terms of your introductory tenancy

If you are an introductory tenant and you break the terms of your tenancy agreement we will write to you or visit you to discuss the matter and try to sort out the problem.

If the problem continues you will be served with a Notice of Proceedings for Possession of an Introductory Tenancy.

You have the right to ask for a review of the Council’s decision to serve this Notice by a panel of senior council officers. If the decision to terminate your tenancy is confirmed or you do not ask for a review, legal proceedings may be commenced in the County Court when the Notice has expired.

The Council does not have to prove to the Court a reason for asking for possession of your property. As long as the Council has followed the correct procedure the Court will then make a Possession Order. Your tenancy will end after a period set by the Court and you would have to leave the property. If you don’t leave the property you will be evicted by a court bailiff.

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If you break the terms of your Secure Tenancy

If you are a secure tenant and you break the terms of your tenancy agreement we will write to you or visit you to discuss the matter and try to sort out the problem.

If the problem continues you will be served with a Notice of Seeking Possession as the first step towards ending your tenancy. The Notice will tell you on what grounds (basis) the Council are wanting to end your tenancy. See the table below which shows the Grounds for Possession.

After a period of four full weeks the Council will then commence legal proceedings in the County Court for recovery of your home.

The Court can then decide to grant a Possession Order or it can postpone possession allowing you a chance to sort out the problem. For example, if the reason we are asking for a Possession Order is because you have not paid your rent, the Court may postpone possession giving you a chance to pay off the rent arrears.

Alternatively, the Court may demote your secure tenancy. This will result in you losing some of your rights as a secure tenant.

If the problem continues the Court will then set a date for possession. You will need to leave the property on this date or the court bailiff will be asked to evict you.

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Grounds for possession of a secure tenancy

There may be other reasons besides breaking the terms of your tenancy agreement that we may serve a Notice of Seeking Possession. These reasons are called grounds and are set out in Schedule 2 of the Housing Act 1985. The table below shows the grounds that are most relevant to you as a secure tenant.

In court we will have to provide evidence to back up the reason we are asking for possession and we will also have to show that we have met certain conditions.

The conditions we need to show are different depending on the ground for possession we are relying on.

For grounds 1 to 8 we must show that it is reasonable for the Court to make a Possession Order.
For grounds 9, 10 and 10a we must show that we have offered you suitable alternative housing.
For grounds 13, 15 and 16 we must show that it is reasonable to make an Order and that suitable alternative housing has been offered to you.

The Court then decides whether to make a Possession Order. If a Possession Order is made it will either be:

an Outright Order and you will be given a date when you must leave your home

or

it will be a Postponed Order where no date will be given but the Order will say what you have to do. If you do not do as the Order says we will ask the Court to give a date for possession.

Ground 1	You haven't paid your rent or you have broken some condition of your tenancy agreement
Ground 2	You, or anyone living with you, or a visitor, has been: a) causing a nuisance in the local area b) convicted of using the property or allowing it to be used for illegal or immoral purposes, or has been convicted of an arrestable offence committed in or near your home.
Ground 2a	You or your partner have left your home due to violence or threats of violence in your home.
Ground 3	You or a member of your household have caused damage to your home or shared areas.
Ground 4	You or a member of your household have caused damage to the facilities that you have been provided with in the local area.
Ground 5	When you applied for housing and you were given the tenancy you did not tell us the truth.
Ground 6	You were paid money or given some other financial reward for taking part in a mutual exchange.
Ground 8	You have refused to move back to your previous home after temporarily being rehoused whilst building work was carried out.
Ground 9	You have allowed your home to become overcrowded.
Ground 10	We plan to demolish or redevelop your home or land.
Ground 10a	We want to sell your home for redevelopment without any tenants living there.
Ground 13	The property has been specifically adapted for a physically disabled person and no disabled person is living there.
Ground 15	The property is one of a group let to people with special needs. No one with special needs is living there and we need it for someone with special needs.
Ground 16	You have succeeded to the tenancy but not as a husband or wife and the property is too big for you.

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If you are evicted

If you have been evicted from your home and have nowhere to go you have the right to apply to us as homeless for rehousing. We will look at your application and make a decision as to whether we have a legal duty to rehouse you. If you have been evicted from a council property we may decide that you have become homeless as a direct result of your actions. This is called being intentionally homeless.

We don’t usually rehouse you permanently if you are found to be intentionally homeless.

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