Possession proceedings

First steps

Steps you need to take if possession action is necessary It is critical that our approach to alleged perpetrators remains calm, considered, and careful. It must be informed by our focus on working with survivors of domestic abuse to ensure their safety.

Before you make an approach to an alleged perpetrator of DVA:

• What do you know about them? Check the records, including of any previous tenancies, for background.
• Can anyone else help with background information? Is there a support worker or social worker involved?
• Has the case been considered at MARAC? If so the housing representative and / or IDSVA may be aware of any history of offending and can let you know if a request to the police for disclosure would be helpful.
• Consider the wishes of the victim/ survivor.
• Consider the position of the victim / survivor. Is there any risk for them in the action you are planning?
• Could anyone else be at risk?
• Could you be at risk?
• Consider sharing responsibility for tough decisions. Talk the case over with a manager, with the IDSVA assigned to your case or with other involved professionals.
  If you are considering possession action, there are steps to take to maximise the chances of success (covered below). If a process needs to take time, explain that to the network involved in the case  and ensure there are regular updates provided.
  
  

Possession proceedings

See the guidance about ending tenancies.

Make sure you comply with the court pre-action-protocol-for-possession-claims-by-social-landlords. Courts consider whether these requirements have been met when deciding whether to make an Order and the type of Order it will be. In particular:

• Communicate with the tenant / alleged perpetrator in ways that mean you can be sure they understand the position.
• Consider the Equality Act and Care Act. If, for example, the alleged perpetrator has mental health issues, or other care and support needs, these should be considered, and the appropriate action taken (eg an ASC assessment).
• If the Order you are seeking is a mandatory Order (relying on a conviction for example or after a joint tenancy has been ceased) the court will have expected you to have written to the tenant / perpetrator to invite them to let you know about anything they want to draw to your attention.
• Maintain contact with the legal team after your case has been referred to them. Be pro-active in asking for updates.

When seeking possession try to make sure that the tenant concerned has the chance to have their say. Consider any representations they make, or that are made on their behalf, and make a record to show you’ve done that. This helps show the court your action is reasonable and proportionate.

Possession claims have failed, after Human Rights Act challenges, on the basis that the circumstances of the tenant concerned have not been fully considered. When you are taking legal action against a perpetrator of DVA make sure you can show that you have considered the wider picture as well as their behaviour. A referral to the Vulnerability Panel before legal action can help show this if the alleged perpetrator has care and support needs.

If DVA is linked to using alcohol efforts to involve services that help people who have alcohol problems will help your possession claim as well as having the potential to reduce risk.

Note: Although it is important to listen to, consider, and record, any representations made by, or on behalf of an alleged perpetrator of DVA; it is not a housing officer’s role to try and work with a perpetrator of DVA to address their behaviour. See the section below on specialist services that do this work. Some perpetrators have significant vulnerabilities this will need to be taken into account when making decisions

Other things to consider before taking possession action

Remember: consider risk to the survivor and others before you act and involve the IDSVA and professional network in the decision-making.

• Are there any reasons not to seek possession? if a perpetrator is elderly and/ or vulnerable because of ill health or disability is there a better and faster way to address the issue and reduce risk?
• Check whether we already have a possession order (if we already have a PO, on rent arrears grounds for example, enforcement of an existing Order may be a faster option).
• Consider the grounds for possession, are there others you could rely on?
• If you plan to rely on ground 2a of the HA1985 (a victim / survivor of DVA has left the property as a result), or on ASB grounds, it can be helpful to involve the legal team before serving an NOSP to review the evidence before the NOSP is served and help with the drafting.
• Possession action can be very slow, other legal remedies may need to be in place whilst it takes it course (see Other legal remedies).
• Remember you won’t know in advance which Judge will be hearing your case. Don’t assume they will be sympathetic. The work you put in to make a strong case might make all the difference.