Critical Incident Repor During a Lone Patrol

Write a memo advising on what steps could be taken now to repossess the property, the different legal alternatives for repossessing the property and their likely outcomes.

Mrs J is sole assured tenants of a one bedroom flat; her rights are covered by Housing Acts 1988 provide statutory grounds for possession for secure and assured tenants. One or more of these must be proved before a possession order can be made.

Based on the information that she appears to be, her grounds under which possession could be applied for are:

• Non Occupation this would affect her security of tenure
• Failure to pay rent, rent arrears   goes for possession order

If possession of the property is sought on the ground of non occupation, the following needs to be established

1. Is the property vacant?
2. Establish if possible where she is currently staying
3. If found, contacted to establish if she intends to return to the property. If not returning she needs to hand in NTQ and handling the keys in.
4. If she intends to return establish when, advice that Housing Benefit has been cancelled, rent is not being paid and that rent needs to be sorted otherwise possession could be sought on grounds of rent arrears.

It is very important to exercise caution if abandonment is suspected. This is because in the event that it is incorrectly repossessed Ambridge Housing may be liable to pay substantial compensation to Ms J. “Bringing possession proceedings without good reason may amount to harassment and give rise to a claim for damages and an injunction. E.g. the case of Allen v Southwark LBC [2008] EWCA Civ 1478”.

The first thing that I have to do is to decide Ms J housing status and so what sort of security of tenure she has. Her security of tenure will determine whether she is covered by the Protection from Eviction Act 1977, and the procedure that Ambridge Housing has to follow to evict Ms J.

The Housing Acts 1985 and 1988 provide statutory grounds for...