Possession Action
Under the terms of the Housing Act 1985 the Council has the power to apply for repossession of its property on the grounds of a breach of tenancy and/or anti-social behaviour.
Welwyn Hatfield Council takes very seriously cases of anti-social behaviour involving its tenants. Section 2.23 of the Council's tenancy agreement states:
"You must not commit or cause any nuisance, annoyance, harm, discomfort, disturbance or inconvenience anywhere to any other person, including your neighbours and their visitors and other residents. You must not permit your visitors or allow others who live with you to commit or cause any nuisance, annoyance, harm, discomfort, disturbance or inconvenience anywhere to any other person, including your neighbours and their visitors and other residents."
The Council will only consider taking action to repossess someone's home in very serious cases of anti-social behaviour, when all other attempts to work with an individual have failed.
Cases are heard in the County Court. The Council is required to provide the Court with sufficient evidence that a Possession Order is necessary. If the Court is satisfied there are grounds for possession and that it is reasonable, it can grant one of two Orders.
Outright Possession Order
An outright Order allows the Council to take possession of a property after a specified period of time (typically 28 days).
Suspended Possession Order
A Suspended Possession Order means that the Court suspends possession either for a fixed period or indefinitely, provided the tenant does not breach the terms of their tenancy by acting in an anti-social manner. This allows the tenant to remain in their home so long as they keep to the terms of the Order.