A Notice of Seeking of Possession (NOSP) is notification to you that we (on behalf of the council) intend to seek possession of your property. We will serve this notice before making an application to the court.
The notice must fix a date – at least four weeks ahead – after which a court action may be started. If action is not started within a further 12 months the notice is no longer valid, however, we can serve a new notice.
In cases involving nuisance and anti-social behaviour, the Housing Act 1985 (as amended) states that we can serve a Notice of Seeking Possession on a tenant(s) and start proceedings immediately.
You would have the opportunity to present your side of the case to the court when the application is heard and you may be entitled to legal aid.
We must have grounds for serving a NOSP. Examples of reasons we may serve a NOSP if:
- You are in arrears with your rent or your have broken a condition of your tenancy – this includes being in arrears with your service or heating charges which is all collected under the general heading of rent
- You or anyone living with you, have caused annoyance or nuisance to your neighbours (anti-social behaviour). It is the council’s policy to evict proven perpetrators of racial harassment and other serious ant-social behaviour.
- You or anyone living with you has been convicted of using your home for illegal or immoral purposes
- You or anyone living with you has damaged your home or a communal
- You made false statements to obtain a tenancy
- You refused to leave a property let to you temporarily while your permanent home was being repaired or modernised
- You have given or received money as part of an exchange
- You have a permanent home elsewhere
Other examples and further information can be found in your Tenants Handbook. If you have received a NOSP and a query or require further information, contact the Customer Service Centre on 0800 085 65 75 or visit your local housing reception and ask to speak to your Estate Manager.
