The council will apply to the county court for a possession order in the following circumstances
Persistent non-payment of rent and charges
The council's rent arrears recovery policy aims to ensure that tenants meet their responsibility, contained within their tenancy agreement, to pay their rent and any other property charges. Where a tenant falls into arrears we will make contact and seek to make a sustainable repayment agreement. If no such agreement is made or maintained we may need to serve a Notice warning of our intent to start legal proceedings. No application to court can be made without a Notice having been served. The Notice will state a date, 4 weeks after the date the Notice is served, before which a court application cannot be made. This allows sufficient time for a discussion regarding a satisfactory repayment agreement whereby you would be advised to seek help via the Citizens Advice Bureau.
If no such agreement is made or maintained the council can apply to court for a possession order. If the court grants possession it can either give an Order that will expire after a certain time e.g. after 28 days or it can be suspended on certain conditions e.g. provided the current weekly rent plus a specified weekly amount to reduce the arrears is paid.
At the end of a fixed period order or if the terms of a suspended possession order are breached the council will apply to court again. The court can ultimately issue a 'warrant of eviction'. The council will accompany court officials who will serve the warrant and your tenancy will be terminated.
Breach of another tenancy condition
The council can also apply to court if you breach any of the other terms and conditions of your tenancy agreement. The most common breach resulting in court action and ultimately eviction is for anti-social behaviour.
If you are evicted from your council tenancy there is no automatic right to rehousing. You are entitled to make a homelessness claim but you may be found to be intentionally homeless as your own actions led to your homelessness and the council may have no responsibility to house you. For further information visit the Homelessness page.