Reposession and eviction policy
Our repossession and eviction policy sets out our approach and is set out below:
Repossession and eviction policy
1.1 For the purposes of this policy, seeking possession and applying for a warrant for possession refers to the point at which Magna applies to the County Court for a possession hearing or an eviction date.
1.2 We define an eviction as ’a tenancy brought to an end by a court order and the subsequent execution of a bailiff’s warrant’.
2.1 We will act to support and sustain tenancies:
2.1.1 We will seek to ensure that residents understand the terms of their tenancy agreement, the consequences of breaching these terms and what action they can take to remedy any breach.
2.1.2 When we become aware of breach or possible breach of tenancy agreements, we will make reasonable attempts to intervene at an early stage and to investigate and consider the individual circumstances of each resident.
2.1.3 We will seek to ensure that residents receive appropriate support to help them keep their homes.
2.2 In the case of breach of tenancy, we will seek possession of a property only after reasonable steps to ensure compliance with the tenancy agreement have failed:
2.2.1 Where residents have rent arrears, we will seek possession only where appropriate preventative methods have failed to resolve the problem. We will not normally seek possession if a resident is maintaining an agreement to repay arrears, unless there are other breaches of tenancy in addition to rent arrears.
2.2.2 In the case of anti-social behaviour or harassment by the resident, their visitors or any other person living in the property, acts of waste or neglect of the accommodation and other breaches of the tenancy agreement, we will not normally seek possession until we have pursued appropriate alternative interventions, and these have failed to improve the situation to our reasonable satisfaction.
2.3 In cases other than those involving breach of tenancy, we will seek possession only after full consideration of the circumstances, including the needs of the individual(s) concerned; local housing demand; our charitable objectives; the need to make best use of our housing stock; and the views of the relevant local authority where appropriate. Such cases include but are not limited to:
2.3.1 Where one joint tenant serves a valid Notice to Quit, ending the tenancy agreement, but the remaining tenant (who becomes a trespasser) objects.
2.3.2 Where a tenancy agreement has otherwise been ended legally and a member of the tenant’s family or other occupier remains as a trespasser.
2.3.3 Where a tenant dies leaving a successor who does not require the size or type of property they are occupying.
2.3.4 Where a tenant occupies a property that Magna leases from another landlord and the lease is nearing an end, where vacant possession is required in order to meet our obligations under the lease when returning the property to the landlord.
2.4 Eviction will be used as a last resort and a warrant for possession can only be authorised by senior members of staff. This would be the housing director or head of housing services.