Notice of Possession Proceedings
What happens next?
If we have served you with a 'notice of possession proceedings' it is because you have broken one of the conditions of your tenancy. The legal action we take may result in you losing your home. You have the right to ask us to review our decision, to do this you should complete and return the appeal form that has been served with the notice
You must ask us to review our decision within 14 days of serving the notice on you in writing.
If you ask us to review our decision
If you ask us to review our decision, we will set up a review. We will carry out the review in two stages
One of our officers, who was not involved in the original decision, will review your case. If we change the decision, we will withdraw the notice of possession proceedings. If our decision stays the same, we will arrange a formal review panel hearing. (This is known as stage 2).
Stage 2 - appeal panel
The panel is made up of three people who have not been involved in your case.
We will write to you at least 5 days before the review telling you when and where it will take place.
You can go to the review, or if you prefer, you can ask someone else to go to the review to represent you. You can also have witnesses to support your case.
The panel will consider:
- any information you provide
- any information the officers provide
The panel is responsible for:
- checking that we have followed the correct procedures in ending your tenancy
- making sure the decision to end your tenancy is reasonable and justified
What happens next?
If you go to the review panel, we will tell you the panel's decision. We will also confirm this decision in writing within 10 working days.
The review panel can make one of three decisions:
- The panel can agree with our original decision. If they do, we will ask the court for permission to evict you.
- The panel can agree partly with our decision and ask us to put off going to court. If this is the case, the panel will ask you to meet a certain condition or change your behaviour. For example, the panel may ask you to pay off any rent arrears in instalments. If the panel ask this, we will put off court action and we will check whether you are keeping to the condition. If you do not, we will ask the court for permission to evict you. You will have no further right to a review.
- The panel can disagree with our original decision. If this is the case, we will withdraw the notice and your tenancy will continue.
If we ask the court for permission to evict you, the court will arrange a court hearing. The court will contact you to tell you when this hearing will be.
The court's role is to make sure that we have followed correct procedures in serving the 'notice of possession'. They will not question our reason for serving the notice.
If you have to go to court, the Judge will explain what will happen during the hearing and will ask you questions such as why you are in arrears, if you have tried to find a solution with your landlord and what your financial situation is now.
The court will make one of two decisions
- If we have followed the correct procedures, the court must give us permission to evict you. The court will then write to you telling you when you have to leave your home. We will not change our mind about evicting you, even if this may mean that you will become homeless.
- If the court rules that we have not followed correct procedures, we will withdraw the notice of possession proceedings. We will still monitor your tenancy and we can take action again if we need to. However, we would have to serve another notice of possession proceedings.