Eviction
We might want to end your tenancy if you have:
- not paid your rent
- behaved in a way which causes a nuisance or annoys your neighbours (this also applies to someone living in or visiting your home)
- used your home for immoral or illegal purposes, or committed an arrestable offence in the area
- caused a family member to leave your home because you have been violent towards them or threatened them with violence
- damaged either the property or parts shared with other tenants
- got the tenancy by making a false statement
- refused to leave any temporary accommodation we move you into while we carry out building work to your home, despite agreeing to return home when the work is finished
- broken a condition of your tenancy agreement
Other reasons why you would end my tenancy
We
can ask the court to evict you on any of the grounds for possession
which are listed in the Housing Act 1985 (as amended) these include the
following:
- one partner in a relationship leaves the home because of violence by the other towards them and the court is satisfied that the partner who has left is unlikely to return
- you exchanged your accommodation with someone else after paying or receiving a gift or money
- your home is inside the grounds of a property used for non-housing purposes you were given your tenancy as an employee and have been found guilty of misconduct
The
court may authorise us repossess your home for the following reasons as
long as the council makes suitable alternative accommodation available
to you:
- your home is overcrowded
- we want to demolish, rebuild or carry out work to your home or land connected to it, and cannot do so while you are there
- your home is in a redevelopment area and we want to knock down the property. If we ask you to move so we can repair, demolish or modernise your home, you may be entitled to compensation (see the ‘disturbance payment’)
- you were living in service accommodation while employed by us and are now refusing to leave the property after your employment has ended
- you are living in a property which has been designed especially for a disabled person, but there is no longer a disabled person living there and we need the property
- you take over the tenancy when the previous tenant dies and the property is too large for you
How will you end my tenancy?
If you are a secure tenant, we must get a possession order from a court to end your tenancy.
Before
starting possession proceedings against you, we must serve a notice of
seeking possession. This notice sets out the reasons for the possession
and gives a date after which proceedings may be started. Before issuing
a notice, we will usually give you some informal notice by post, an
interview or a home visit, depending on the circumstances.
If
we get a possession order, the court may suspend the order. If you then
break a suspended order, your tenancy comes to an end and you become
what is called a ‘tolerated trespasser’. If the court grants an
outright order, you immediately become a tolerated trespasser.
As
a tolerated trespasser, you lose most of your rights, including the
right to buy your home. If you later want to be entitled to a secure
tenancy, you must apply to the court.
If we apply to the court for your eviction and the court makes an eviction order this will result in you losing your home.
