We can only take possession of your home if you decide to end your tenancy, or if we obtain an order from the County Court. The court will only grant an order if we can prove that one of the grounds for possession under the 1985 Housing Act applies.
The process of eviction
If the Housing Service does obtain a Court Order to evict you from the property and you breach any terms of the court order then before the Bailliffs warrant can be applied for final approval must be given by the Housing Review Panel. After this the case will be referred to the Court for a bailliff warrant and you will be informed of this by your Management Officer. Once the Court has made a date for the eviction the Bailliff will write and inform you.
Once you have been informed that the Housing Service is seeking your eviction you can seek information from Shelter (see link) or the CAB. You can also make an appointment to discuss your housing situation with a Housing Options Adviser. You MUST take some action either to obtain a "stay" of the execution of the warrant or to arrange alternative housing and removal/storage of your personal property. Once a Bailliff warrant has been "executed" then the property will be secured and the locks changed. You will have no right to re enter the property except by prior arrangement with your Management Officer for a one off entry to clear your personal effects.
Period of notice
We must usually serve you with at least four weeks notice of our intention to repossess your home before we can take a case to court. There are certain circumstances where a court action can be taken immediately after serving the notice – for example in cases of serious nuisance.
We will try to work with tenants to solve any problems and get their tenancies back on track, but if the problems persist, we will take action.
The most common grounds under which a court will grant an order for repossession are:
- If you have not paid your rent
- If you have not given contractors access to carry out the annual gas safety check
- If you or members of your household have behaved in an anti-social manner, such as harassing or causing serious nuisance to your neighbours
- If you have damaged or neglected your home
- If you have been convicted of a serious criminal offence, for example you have been convicted of dealing in drugs
- If you have given fraudulent information in order to obtain your tenancy
If you have been served a Notice of Seeking Possession or have been referred to Court you should obtran independent advice. Advice and assistance can be obtained from the Citizens Advice Bureau or from Shelter