If you’re a housing association tenant and have received a notice of seeking possession, it’s important to understand what your rights are. Housing associations must follow a legal process to evict a tenan. In this guide, we explain why a housing association may seek possession, the legal eviction process, and what support is available.
What is a notice of seeking possession?
A notice of seeking possession (NOSP) is a formal letter from your housing association landlord informing you that they intend to take back possession of your home. This is the first step in the legal eviction process and does not mean you have to leave immediately. A housing association must follow the correct legal process before they can evict you. The notice will state:
The reason for seeking possession (e.g. rent arrears, anti-social behaviour, or breach of tenancy).
A date when legal action may begin (this is usually at least four weeks after the notice is served).
Your right to challenge the notice or take steps to prevent eviction.
What are the main reasons for eviction?
Housing associations can seek possession for several reasons, including:
Rent arrears: If you fall behind on rent and don’t make an agreement to repay it.
Anti-social behaviour: If you, your family, or visitors cause persistent disturbances or nuisance.
Breach of tenancy agreement: If you break the terms of your tenancy, such as subletting without permission.
Property damage: If you seriously damage the property.
False information: If you provided false information to obtain the tenancy.
Depending on the reason for eviction, you may be able to challenge the notice, negotiate a repayment plan (for rent arrears), or seek legal advice.
What is pre-action protocol for possession claims by social landlords?
Before a housing association or social landlord can start eviction proceedings, they must follow a legal process known as the pre-action protocol. This protocol is designed to ensure that evictions are a last resort and that landlords take reasonable steps to help tenants before pursuing court action.
The main purpose of the pre-action protocol is to:
Encourage early communication between landlords and tenants.
Ensure landlords explore alternative solutions before going to court.
Give tenants a chance to repay rent arrears or resolve issues.
Reduce unnecessary legal proceedings and avoid eviction where possible.
What steps must a housing association follow before seeking possession?
Before starting eviction proceedings, a housing association landlord must:
Provide clear information: The landlord must inform the tenant in writing about the amount of rent arrears (if applicable), the terms of the tenancy agreement that have been breached, and any support available to help resolve the issue.
Try to reach an agreement: The landlord must attempt to work with the tenant to agree on a repayment plan for rent arrears. They can also consider alternatives such as discretionary housing payments or other financial support.
Allow time for response: Tenants should be given a reasonable opportunity to respond before the landlord proceeds with legal action.
Consider any vulnerability: If the tenant is considered vulnerable (due to disability, illness, or other factors), the landlord must take extra steps to offer support.
Give a final warning: Before applying for a possession order, the landlord should send a final notice giving the tenant one last chance to resolve the issue.
What happens if a landlord does not follow the pre-action protocol?
For tenants facing possession claims, checking whether the landlord has followed the correct protocol can be an important defence against eviction. If a housing association does not follow the pre-action protocol, a judge may:
Dismiss or delay the possession claim.
Order the landlord to cover legal costs.
Allow the tenant more time to resolve the issue.
Overview of the possession process
If your housing association serves you with a notice of seeking possession, they must follow a legal process before you can be evicted. This process involves several steps:
1. Notice from your landlord
Your housing association will serve you with a notice of seeking possession. This notice will explain:
Why they are seeking possession.
How long you have before they can apply to the court (usually at least four weeks).
What you can do to resolve the issue (e.g. paying rent arrears).
In some cases, your landlord may use mandatory possession grounds, meaning the court must grant an eviction order. In other cases, they may use discretionary grounds, where the court can decide based on your circumstances.
2. Your landlord starts court action
If you do not resolve the issue within the notice period, your housing association can apply for a possession order through the court. You will receive:
A letter from the court explaining that possession proceedings have started.
A date for a possession hearing where you can present your case.
3. The possession hearing
At the possession hearing, a judge will decide whether to:
Dismiss the case (if the housing association has not followed the correct process).
Give you time to resolve the issue (e.g. setting up a rent repayment plan).
Grant a possession order, meaning you must leave your home by a certain date.
If a possession order is granted, you may still have time to appeal or negotiate with your landlord.
4. Warrant of possession and bailiffs
If you do not leave by the date stated in the possession order, your landlord can apply for a warrant of possession. This allows bailiffs to remove you from the property. You will receive:
A notice of eviction stating the date when bailiffs will attend.
A chance to apply to suspend the eviction in certain circumstances.
What legal support is there for housing association tenants?
If you’re a housing association tenant facing eviction, legal support is available to help you understand your rights and potentially challenge the eviction. Whether you're dealing with rent arrears, a dispute with your landlord, or other issues, getting the right legal advice early can make a significant difference.
1. Free legal advice from housing charities
Some housing charities offer free advice and practical support to tenants facing eviction. These organisations can explain your rights, help you challenge an eviction, and in some cases, connect you with legal professionals.
Shelter: One of the UK’s leading housing charities, Shelter provides free, expert housing advice online, over the phone, and in person. They can guide you through eviction processes, help you understand your legal rights, and assist in negotiating with your landlord.
Citizens Advice: Local Citizens Advice branches offer free legal advice on housing matters, including how to challenge a notice of seeking possession and where to find legal representation.
2. Legal Aid for housing association tenants
If you cannot afford a solicitor, you may qualify for Legal Aid, a government-funded service that covers legal costs for low-income individuals. Legal Aid can help with:
Representation in possession hearings.
Legal advice on eviction and housing rights.
Assistance with applications to suspend eviction orders.
To check if you qualify for Legal Aid, visit the Government Legal Aid Checker.
FAQs
Do I have to leave as soon as I get a notice of seeking possession?
No, a NOSP is not an eviction notice - it is the first step in the legal process. You do not have to leave until a court grants a possession order and bailiffs enforce it.
Can I challenge a notice of seeking possession?
Yes, you may be able to challenge the notice if:
Your landlord has not followed the correct legal process.
The eviction is based on false or unfair grounds.
You can resolve the issue (e.g. by paying rent arrears).
How long does the possession process take?
The process can take several months, depending on court schedules and the type of possession claim. Learn more in our guide to possession order timescales.
Final thoughts
Receiving a notice of seeking possession can be stressful, but you have legal rights and options. Housing associations must follow the correct process, and you may be able to challenge the eviction or negotiate a solution. By understanding your rights and options, you can take steps to protect your home or prepare for the next steps.
Looking for legal support? Get in touch today for a free, fixed-fee quote and to see how a landlord and tenant solicitor can help.
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