Common use of Notice of Seeking Possession Clause in Contracts

Notice of Seeking Possession. (NOSP) This notice means you have breached a condition of your tenancy (secure or flexible) and is the first step in the Council taking legal action to make you comply with your tenancy agreement or face a referral to court for possession. Notice to Quit A Notice to Quit is a written document informing that the tenancy is going to come to an end. Either the Council or the tenant can issue this. The minimum notice period is normally 28 days. Possession Order This is a formal instruction from a court that gives us permission to take action to make you leave the property. Review A written or verbal request from you to consider specific facts or matters when either: You are appealing against an extension or action to end your introductory tenancy You disagree with being offered a flexible tenancy, or You are not going to be offered a new tenancy when your flexible tenancy ends Secure Tenancy This is a lifetime tenancy so long as you comply with your tenancy agreement. Service charges These are charges that must be paid in addition to the rent for the property. They are for services or facilities that you benefit from. Most often these are charged to people who live in properties where there are shared or common facilities that need maintaining, for example lifts and door entry systems, communal lighting or where there are common areas that need cleaning and maintaining. Shared areas When we use the words ‘shared areas’ this includes stairs, lifts, landings, foyers or entrance halls, roofs, paved areas, gardens, bin stores, parking bays and other areas that can be used by more than one person living in the same building. Social Landlord This is any landlord that provides rented homes and is registered with the Homes and Communities Agency. This can include councils, housing associations and tenant-run organisations. Spouse A person who was living with the tenant as the tenant’s wife or husband shall be treated as the tenant’s spouse Subletting Entering into a written or spoken agreement with someone to pay you rent for allowing them to live in the property while you live somewhere else or allowing them to live in part of the property while you live in the other part. The person you sublet to is called a subtenant. Succession This is when a tenant dies and the tenancy can sometimes be taken over by another member of the household. Only certain people have the right to do this and only in certain circumstances. The property This is the building or part of a building that you have the right to occupy under this agreement. It also includes any garden that is part of the property and is used only by you and members of your household. It does not include any area that you share. Transferring This is when you move to another property owned by the Council or you move with our agreement to a property owned by another social landlord. You will have a new tenancy for your new home. We, us South Cambridgeshire District Council and anyone acting on our behalf. You or tenant If you are joint tenants the word ‘you’ or ‘tenant’ refers to both tenants but also to either tenant. This is because each of you, as individuals, has complete responsibility for keeping to the terms of the Tenancy Agreement.

Notice of Seeking Possession. (NOSP) This notice means you have breached a condition of your tenancy (secure or flexible) and is the first step in the Council taking legal action to make you comply with your tenancy agreement or face a referral an application to court for possession. Notice to Quit A Notice to Quit is a written document informing that the tenancy is going to come to an end. Either the Council or the tenant can issue this. The minimum notice period is normally 28 days. Possession Order This is a formal instruction from a court that gives us permission to Order take action to make you leave the property. Review A written or verbal request from you to consider specific facts or matters when either:  You are appealing against an extension or action to end your introductory tenancy You disagree with being offered a flexible tenancy, or  You are not going to be offered a new tenancy when your flexible tenancy ends Secure Tenancy This is a lifetime tenancy so long as you comply with your tenancy agreement. Serve To issue and record the delivery of official documents relating to the tenancy. Service charges These are charges that must be paid in addition to the rent for the property. They are for services or facilities that you benefit from. Most often these are charged to people who live in properties where there are shared or common facilities that need maintaining, for example lifts and door entry systems, communal lighting or where there are common areas that need cleaning and maintaining. Shared Shared/ Communal areas When we use the words ‘shared areas’ in flats this includes stairs, lifts, landings, foyers or entrance halls, roofs, paved areas, gardens, bin stores, parking bays and other areas that can be used by more than one person living in the same building. Social or affordable Landlord This is any landlord that provides rented homes and is registered with the Homes and Communities Agency. This can include councils, housing associations and tenant-run organisations. Spouse A person who was is living with the tenant as the tenant’s wife or husband shall be treated as the tenant’s spouse spouse. Subletting Entering into a written or spoken agreement with someone to pay you rent for allowing them to live in the property while you live somewhere else or allowing them to live in part of the property while you live in the other part. The person you sublet to is called a subtenant. Succession This is when a tenant dies and the tenancy can sometimes be taken over by another member of the household. Only certain people have the right to do this and only in certain circumstances. The property This is the building or part of a building that you have the right to occupy under this agreement. It also includes any garden that is part of the property tenancy and is used only by you and members of your household. It does not include any area that you share. Tenancy Fraud Unlawful Sub-letting – When a tenant lets out their council or housing association home without the knowledge or permission of their landlord they are unlawfully subletting. Obtaining Housing by deception – When a person gets a council or housing association home by giving false information in their application, for example not telling the landlord they are renting another council or housing association property, they are committing housing fraud. Unlawful succession – When a tenant dies, there are rules that say what should be done with the tenancy. Wrongly claimed succession is when someone, who is not entitled, tries to take over the tenancy. For example, they might say they lived with the tenant before they died, when in fact they were living elsewhere. Non-Residence – A tenant of a Social or Registered Landlord who ceases to live at the address provided by that landlord may lose their assured tenancy status and lose their right to retain occupation of that property. Tenants Handbook A document containing useful information regarding the services you can access as part of your Tenancy with South Derbyshire District Council. Transferring This is when you move to another property owned by the Council or you move with our agreement to a property owned by another social landlord. You will have a new tenancy for your new homeCouncil. We, us South Cambridgeshire Derbyshire District Council and anyone acting on our behalf. You or tenant If you are joint tenants the word ‘you’ or ‘tenant’ refers to both tenants but also to either tenant. This is because each of you, as individuals, has complete responsibility for keeping to the terms of the Tenancy Agreement.

Notice of Seeking Possession. A Notice of Seeking of Possession (NOSP) This is notification to you that we the Council intend to seek possession of your property. We will serve this notice means you 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, we can serve a Notice of Seeking Possession on a tenant(s) and start proceedings immediately. You would have breached the opportunity to present your side of the case to the court when the application is heard. We must have grounds for serving a NOSP. Examples of reasons we may serve a NOSP include:  You are in arrears with your rent or your have broken a condition of your tenancy  You or anyone living with you, have caused annoyance or nuisance to your neighbours (secure or flexible) and anti-social behaviour). It is the first step in council’s policy to evict proven perpetrators of racial harassment and other serious anti- social behaviour.  You or anyone living with you has been convicted of using your property for illegal or immoral purposes  You or anyone living with you has damaged your property or a communal area  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 We will ensure that our tenants are made aware of the Council taking legal action to make you comply with your tenancy agreement or face a referral to court for possession. Notice to Quit A Notice to Quit is a written document informing that importance of meeting the tenancy is going to come to an end. Either the Council or the tenant can issue this. The minimum notice period is normally 28 days. Possession Order This is a formal instruction from a court that gives us permission to take action to make you leave the property. Review A written or verbal request from you to consider specific facts or matters when either: You are appealing against an extension or action to end your introductory tenancy You disagree with being offered a flexible tenancy, or You are not going to be offered a new tenancy when your flexible tenancy ends Secure Tenancy This is a lifetime tenancy so long as you comply with your terms of their tenancy agreement, and more generally, the importance of fulfilling their responsibilities by not behaving in a way that is unlawful or damages the quality of life of others. Service charges These are charges All Tenancy Agreements contain a clause making it clear to tenants that must be paid in addition to anti- social behaviour or illegal activity (whether by the rent for the property. They are for services or facilities that you benefit from. Most often these are charged to tenant, people who live in properties where there are shared or common facilities that need maintaining, for example lifts and door entry systems, communal lighting or where there are common areas that need cleaning and maintaining. Shared areas When we use the words ‘shared areas’ this includes stairs, lifts, landings, foyers or entrance halls, roofs, paved areas, gardens, bin stores, parking bays and other areas that can be used by more than one person living in the same building. Social Landlord This is any landlord that provides rented homes and is registered with the Homes and Communities Agency. This can include councils, housing associations and tenant-run organisations. Spouse A person who was living with the tenant as or people visiting the tenant’s wife or husband shall be treated as ) is not acceptable and may lead to the tenant’s spouse Subletting Entering into a written or spoken agreement with someone to pay you rent for allowing them to live in the property while you live somewhere else or allowing them to live in part loss of the property while you live in the other parttheir property. The person you sublet to is called a subtenantmajority of our tenants behave responsibly and fully abide by the terms of their tenancy agreements. Succession This is However, when things go wrong and a tenant dies fails to meet the standards of reasonable behaviour established by their tenancy agreement, then we may seek to protect the rights of other tenants and the tenancy can sometimes be taken over wider community by another member of the household. Only certain people have the right to do this and only in certain circumstances. The property This is the building or part of a building that you have the right to occupy under this agreement. It also includes any garden that is part of the property and is used only by you and members of your household. It does not include any area that you share. Transferring This is when you move to another property owned by the Council or you move with our agreement to a property owned by another social landlord. You will have a new tenancy for your new home. We, us South Cambridgeshire District Council and anyone acting on our behalf. You or tenant If you are joint tenants the word ‘you’ or ‘tenant’ refers to both tenants but also to either tenant. This is because each of you, as individuals, has complete responsibility for keeping to enforcing the terms of the Tenancy Agreementtenancy and evicting them from their property.