New notice for possession proceeding

New legislation comes into force on 5th May 2014 which changes the required notice that must be given when the Housing Executive or a Registered Housing Association is seeking to evict a secure tenant.

Tenants can only be evicted on specific grounds which are contained in the Housing (NI) Order 1983 e.g. non-payment of rent, anti-social behaviour. Furthermore, under most of the grounds the court must also be satisfied that it is reasonable to award possession of the tenancy to the landlord.

The Secure Tenancies (Notice) Regulations (NI) 2014 sets out the form of Notice Seeking Possession which must be issued. Unless the correct form is issued, the court will generally not consider the proceedings.

Where possession is being sought under Article 28(3)(a)(i) i.e. on grounds of anti-social behaviour or nuisance, possession proceedings may be commenced immediately. However, changes to the prescribed form mean that the Notice must now advise the secure tenant that if they accept an offer of support with the aim of helping them to address their behaviour, the landlord may decide to review its decision to seek an order for possession. The amended Notice will also warn tenants that if they do not accept an offer of support the landlord is likely to seek to have the proceedings commenced immediately.