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Ending a tenancy

All you need to know about how to end a tenancy.

Ending a tenancy

There are legal processes that define how a tenancy can be brought to an end. This guidance explains what they are. It is prescriptive but only when it needs to because of what the law says.
 
Sometimes it is clear that prompt action is needed to bring a tenancy to an end (if a property has been abandoned for example).  On other occasions it is a matter of judgement - taking into account that formal enforcement action often isn’t the best way to resolve an issue.
 
This guidance doesn’t cover making those judgements even though they are often not easy. It sets out the steps that are necessary once a decision has been made to take steps to end a tenancy.  If in doubt about whether to take possession action talk it over within your team or with your manager.

Read the full guidance here.

Secure tenancies can only be ended on one of the grounds in the Housing Act 1985 or if security of tenure has been lost because the tenant is not using the property as their only or main home.
 
The most common ground for possession is ground 1 which says  Rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed.

Rent arrears

The Council tries to resolve rent problems without resorting to court action whenever we can. This is also court policy and the courts have a pre-action protocol they expect social landlords to follow.  The Pre-Action Protocol for Possession Claims by Social Landlords encourages:

  • early contact;
  • providing help to resolve payment difficulties; 
  • resolving issues wherever possible without court action;
  • making sure tenants are given information about their rent and the proceedings in a way they can understand;
  • considering mental capacity, Equality Act duties and whether a full needs assessment is needed.

If the Council doesn’t comply with the pre-action protocol and goes to court the case may be dismissed.

You can read the full protocol here

Serving a NOSP

When legal action is unavoidable, the first step is usually to serve a Notice of Seeking Possession (NOSP). The purpose of a NOSP is to prompt tenants to take the issue seriously and engage with the Council to resolve it. Further action may not be needed when this happens but a NOSP stays valid for a year.
 
There is a prescribed format for NOSPs including a set of explanatory notes for the tenant. This is available on the rent pages on Northgate  and a Word version is available here.

There are a number of different examples of NOSPs on the Housing  essentials forms pages (see ASB, housing investigations, rents and succession forms)
 
For a NOSP to be valid it must be in the prescribed format and must give tenants at least 28 days notice before any court proceedings unless the reason for the Notice is very serious harm being caused to others.  It also has to be served in one of the ways specified in our tenancy conditions and sent separately to any joint tenants.

 
Going to court

If you do need to go to court to ask for a possession order. Complete a request for legal proceedings form and send it to Ruhul Mohammed, rent and court services team leader if the issue is rent arrears. If the issue is something else (ASB or unauthorised occupancy for example) discuss with Legal services first.
 
Under the Supporting Communities delegations scheme legal action must be approved by a team manager so you will need to ask your manager to countersign any requests - unless they are just about rent arrears.

 

Gavel

 

Last updated: 13 October 2023