Your tenancy

You have the right by law to stay in your home and you cannot be moved against your will unless the Council obtains a Court Order for possession. The Council must show to the Court that it is reasonable to make an order for you to leave. If you do not act on the Notice we serve the Council can apply for possession of your home or to demote your tenancy.

Before the Council can apply to Court for possession of the property it must serve a Notice of Seeking Possession on you. The notice will be in writing and can be served either by hand or by post to your property or affixed to your property. You should be aware that even if you do not receive the notice because for example, you have not been resident in the property, proof of posting would in itself mean that the notice is valid. Court proceedings cannot normally begin until at least 28 days after the notice is given. The Notice must state the ground or grounds in law on which possession is being sought and the reasons for doing so. These can be issues such as none payment of rent, anti-social behaviour or not looking after the property. In certain circumstances the Court can waive the requirements for the Notice of Seeking Possession where it considers it just and equitable.

If you do not act on the Notice we serve the Council can apply for possession of your home or to demote your tenancy.

The Council can apply to the Court to demote your tenancy. Your tenancy can be demoted by the Court if the Tenant or a person residing or visiting the dwelling/house has engaged or has threatened to engage in conduct which is deemed anti-social behaviour or the use of premises for anti-social behaviour and it is reasonable to make the order. A demoted tenancy brings with it less rights than a secure tenancy. Rights such as the Right to Buy, the Right to Repair, Right to Information and some rights of assignment would be withdrawn if the Court grants a demoted tenancy.