What are absolute grounds for possession?
The absolute ground for possession is used to expedite the eviction process in cases where anti-social behavior or criminality has already been proven to bring faster relief to victims. It allows landlords to more quickly remove their most anti-social tenants. The grounds for possession can be either mandatory or discretionary, depending on the specific situation:
• Mandatory – This is where the tenant will be ordered to leave if the landlord can prove the ground exists.
• Discretionary – This is where the court can decide one way or the other (i.e. the court has a ‘discretion’ whether to make the order).
What is the legal test?
The court must make an order for the recovery of possession of a dwelling-house let under a secure tenancy, if the landlord requests this but only if any of the following conditions are met for a tenant, or a person residing in or visiting the dwelling-house;
• Conviction for a serious offence – in the locality of the tenant’s property, or outside of the locality where the offence is against a neighbour or a person connected with a landlord’s housing management functions.
• Breach of an injunction (in the same circumstances as the serious offence above).
• Breach of a provision of a Criminal Behaviour Order (CBO) (in the same circumstances as above).
• The dwelling-house has been subject to a closure order and access has been prohibited for a continuous period of more than 48 hours.
• Breaching of a noise abatement notice or court order in regard to noise nuisance which emitted from the dwelling-house.
How long does it take for a possession order to become effective?
When an order for possession has been obtained under mandatory grounds, the order will normally be effective in 14 days. The court’s powers to stay and suspend the order are limited to six weeks and can only be used if the tenant would otherwise suffer hardship.
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What happens if the possession order is breached?
The landlord can enforce a possession order by asking the court to issue a warrant of possession. A warrant can be issued if the tenant:
- Does not leave on the date set on an outright possession order.
- Breaches the terms of a suspended possession order.
It’s important to note that a warrant cannot be issued before the date of possession on the order. Applications for a warrant must be made on the form N325. The form should then be submitted to the county court hearing centre where the order was made.
The landlord must use the form N325A if the tenant has breached a suspended possession order made in relation to rent arrears.
Our thoughts...
It is our understanding that previous practices made it very difficult, time-consuming and costly for landlords to evict problem tenants. This means that many victims of anti-social behaviour could be suffering for months or even years, although the landlord agrees with the victim, recognises the problem, but cannot help any quicker due to other legislative processes.
This measure has been designed to help landlords although, it is still to be seen as a last resort. Usually, many early intervention tools have been used with an offender, without success, before eviction is sought. It is important to note that it does not necessarily have to be the tenant who has committed the anti-social behaviour but it could be another person residing in the property or even just visiting the house.
We strongly support early intervention work with families to improve situations where anti-social behaviour is occurring. Evicting a person isn’t always the preferred outcome as it doesn’t stop them continuing that pattern of behaviour elsewhere with their new neighbours. The situation can be a lot more complex, and we can see there are occasions where a problem, especially one that has escalated in a community, can be most effectively solved by eviction, but this is not always the case.