The court must make a possession order if the council proves a mandatory ground for eviction applies to you.
A mandatory ground applies if you, or someone living in your home, has:
- been convicted of a serious criminal offence
- breached an injunction to prevent nuisance or annoyance
- breached a criminal behaviour order
- had a closure order made on your property, or
- breached a noise abatement notice or court order in relation to noise nuisance.
In some cases, this ground can apply if the person convicted or breaching the orders is a visitor to your home.
Serious criminal offences include violence, sexual offence and those relating to drugs.
Before taking you to court on this ground, the council must first give you a notice. You have 7 days from receiving that notice to ask the council to review their decision to evict you. If you want to ask for a review you must make sure you put your request in writing and set out the reasons why you think the council should change it’s decision. You are entitled to ask for the review to be dealt with at a hearing and to go along if you wish.
The council does not have the power to extend the 7 day time period so it is important that you act quickly if you are in this situation. Get advice now.