Possession action

• Evictions are always a last resort.
• Action starts with the service of a notice. The intention is either an immediate end to the problems reported or to proceed to the next stage by going to court.
• A ground 2 NOSP can be acted on immediately after service and depending on the severity of the issues (for instance a premises closed by order) an application can be made to the court straight away.
• The processes involved in possession action are outlined in other housing management procedures (for example, ending tenancies):
• For introductory tenants and where demotion is being sought refer to the relevant procedures

Absolute ground for possession

• This can be used on secure tenancies where criminality or anti-social behaviour has already been proven by court.
• They can be used where a tenant, household member or visitor has been convicted of a serious offence or has breached ASB interventions near a property or affected a person with a right to live there or affected the council or staff.
• We are not required to prove to court that it is reasonable to grant possession
• They are more likely to be used for ASB such as drug dealing.

Leaseholders

• It is best to refer to the lease first to find out what it says about nuisance and anti social behaviour before taking further action against the leaseholder.  Other remedies may prove more effective.