Breaching a tenancy agreement
We will only evict residents as a last resort and after full discussions have failed to resolve any serious breach of the tenancy conditions. There are two main stages:
- In most cases we have to warn you of what we plan to do by issuing a notice of seeking possession (NOSP)
- We have to apply to the court for a possession order. This request will be considered by a judge at a court hearing (usually held at your local county court), which you will be expected to attend. If the possession order is granted, we can then seek a warrant for eviction.
If you have a starter tenancy, you have much less security of tenure. Therefore if there is any breach of tenancy during your starter period, we may end your tenancy at the end of the starter period.
In cases of antisocial behaviour, where there has been a breach of tenancy that is not serious enough to warrant possession, we may apply to the court to “demote” your tenancy. This ends the existing tenancy and replaces it with a less secure assured-shorthold tenancy, which can be in place for at least a year. This period of demotion is an opportunity for residents to cease their anti-social behaviour. If the behaviour should continue then we have the right to seek possession.
There are a number of grounds on which we can seek possession of your home. the most serious breaches of a tenancy agreement include the following:
- You have not paid your rent
- You, your family or visitors have caused damage to our property
- You, your family or visitors have caused nuisance to your neighbours
- You have used your home – or allowed your home to be used – for illegal purposes, such as drug dealing or storing stolen goods
- You obtained the tenancy fraudulently
- Your partner has left because you have used or threatened violence against them.
Other potential grounds for eviction can arise from unusual or complicated circumstances. For instance, you live in a property adapted for persons with a disability and this is no longer a requirement. We would always work closely with those affected to seek a resolution in these circumstances.