The information provided in this section is a summary of Statutory Provisions and is for general guidance only.

If we intend to take action for the recovery of possession of your dwelling we will give you the opportunity to discuss the reasons. At least 4 weeks before proceedings for possession begin we will give you a written notice which explains why we intend to seek possession. We will be prepared to meet with you to discuss the matter and advise you of ways to remedy the situation.

Your tenancy is a ‘secure tenancy’ as defined in the Housing (NI) Order 1983. We therefore can only seek possession through the courts on the grounds set out in the Order which are as detailed on the next page: -

Grounds for repossession without an offer of alternative accommodation

1. Not paying rent or other charges due, or breaking any of the conditions of tenancy described in the Tenancy Agreement.

2. The tenant or anyone residing in the premises being a nuisance or causing annoyance to neighbours or being convicted of using the premises for immoral or illegal purposes;

3. The tenant or anyone residing in the Premises damaging or failing to look after the Premises or the common parts also used by other tenants;

4. Damage to any furniture/fixtures provided by the Association caused by the tenant or anyone residing in the Premises.

5. Obtaining a tenancy by false statement;

6. Money being paid in connection with an Assignment by way of exchange;

7. The premises were only provided as temporary accommodation while the Tenant’s principal home was being renovated and these works are complete.

Grounds for the Association Obtaining Possession with Alternative Accommodation being Offered

1. The Premises are to be demolished or require major works which cannot reasonably be carried out without vacant possession;

2. The accommodation was designed for a physically disabled person, there is no longer such a person living there and the Association requires it for another disabled person.

3. The accommodation has been provided for persons with special housing needs, there is no longer such a person residing in the Premises, and it is required for letting to such a person;

4. The Premises are in a group of dwellings let to persons with special needs so they can be near a service or special facility, there is no longer such a person with those needs in the dwelling and it is required for someone who has such needs;

5. Where a person has legally succeeded to the tenancy, who is not the spouse of the former Tenant and the Premises are larger than needed, the Association can seek possession between 6 and 12 months after the previous tenant’s death. The Court will take into account the age and length of residence of the Tenant and the support given by him or her to the previous tenant.

Obtaining possession where the Tenancy Appears to have been Abandoned

1. Where the Premises are left unoccupied and the Association believes the Tenant does not intend to re-occupy them, the Association may enter the Premises to make them safe and send notice asking the Tenant to clarify his or her intentions;

2. After 4 weeks if the Association considers it appropriate, a further notice terminating the Tenancy may be issued;

3. A Tenant who is aggrieved by this action may appeal to the Court within 6 months after the date of termination.