Eviction warrants granted by tenancy type and eviction

Archived (English only) – No longer updated.

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Landlord

Landlord 1

Landlord 2

Landlord 3

Year

Measure1

Evictions

Suspended eviction warrants - Frequently, the courts suspend the operation of the warrant. Provided the defendant complies with the terms of the suspension, which usually requires the defendant to pay the current rent plus some of the accrued arrears, the possession order cannot be enforced.<br /><br />Warrant not executed - This represents either:<br />o Tenants that have reached an agreement with the landlord following the granting of the eviction warrant and who will not, therefore, leave the property as long as they comply with the terms of their agreement;<br />o Or tenants that have left the property as a result of a granted eviction warrant, before that warrant has been executed.<br /><br />Warrant executed and resulting in eviction is the final stage of the legal process.<br /><br />Warrants not executed where the tenant did not leave the property before the eviction date represents tenants that have reached an agreement with the landlord following the granting of the eviction warrant and who will not, therefore, leave the property.

Evictions 1

Evictions 2

Tenancy $Data on secure introductory tenancies was collected from 2007-08 onwards. Local Authority: Secure Tenancy - Section 79 of the Housing Act 1985 defines a secure tenancy as a tenancy under which a dwelling house is let as a separate dwelling when the landlord condition (s. 80) and the tenant condition (s.81) are satisfied. A local authority satisfies the landlord condition and an individual who occupies the dwelling house as his/her principle home satisfies the tenant condition. Local authority tenants are normally periodic secure tenants. Secure tenants have a high degree of security of tenure. In relation to secure tenancies there are 18 grounds for possession that fall into three categories: o Those where the court has a discretion to order possession on the grounds that it is reasonable to do so; o Those where the court may order possession where suitable alternative accommodation is available; o Those where the court may order possession where it thinks this would be reasonable and where suitable accommodation is available. Introductory Tenancy - Section 124 of the Housing Act 1996 enables local authorities to elect to grant new periodic tenants an Introductory tenancy, which will act as a sort of probationary tenancy. An introductory tenancy is similar to a short-hold tenancy in the private sector, and therefore has limited security of tenure. The local authority can ask the court for possession at any time within the first 12 months without proving any statutory grounds. If the local authority does not commence possession proceedings within the first 12 months, the tenancy will become a secure tenancy. An Introductory Tenancy can only be created in local authorities that have elected to create them, but then all (with a few technical exceptions) new tenancies created by that authority must be introductory. Local authorities can only obtain possession orders via a mandatory route for their introductory tenants. Registered Social Landlord: Secure Tenancy - Tenancies created by registered housing associations between 1980 and before the 15 January 1989 are secure tenancies for the purposes of security of tenure. However, they are also housing association tenancies and should be treated as Rent Act protected tenancies for the purpose of fair rent regulation. Assured Tenancy - Section 1 of the Housing Act 1988 defines an assured tenancy as where a dwelling house is let as a separate dwelling and the tenant is an individual who occupies the dwelling house as his/her only or principal home. From the 15 January 1989 housing associations could only grant assured tenancies. Assured tenants have a high degree of security of tenure. In relation to assured tenancies there are also 18 grounds for possession as follows: o Mandatory grounds - where the court must order possession if the landlord is able to prove the ground alleged e.g. 8 weeks rent arrears both at the date of the notice seeking possession and at the date of the hearing (Ground 8); o Discretionary grounds - where the court may only order possession where it is reasonable to do so e.g. persistent delay in paying rent. Assured Shorthold Tenancy - These are a type of assured tenancy, but have a more limited security of tenure (outside any agreed contractual period). From 28 February 1997 they are the default tenancy for the private rented sector, and all new private sector tenancies created after this date will be assured shorthold tenancies, unless the landlord decides to opt into the assured tenancy. Most social landlords (i.e. housing associations) have followed this course of action and grant assured tenancies. In relation to possession proceedings the landlord is able to obtain possession, after serving the appropriate notice, at the end of the contractual period or after six months from commencement of the tenancy. Enhanced assured tenancy - This is the type of tenancy offered to transferring tenants if a transfer of council stock to an RSL goes ahead. It includes most of the rights that Council tenants have with their Council tenancy and sometimes increases some of the rights. Enhanced assured tenancies should be recorded under \'Assured\'. The \'other\' tenancy type category may include licenses, replacement assured tenancy and \'use and occupation\'.$

Tenancy 1

Total

Total

Total left property

Total remained in the property

Warrant executed and resulting in eviction

Warrants not executed but the tenant left property before eviction date

Warrants not executed and the tenant did not leave the property before eviction date

Warrants not executed: Suspended

Total

680

124

804

251

1,115

1,366

2,170

Total

Secure

292

337

141

696

837

1,174

Secure: introductory Not applicable for RSLs.

Assured

241

298

352

450

748

Assured Shorthold: Ordinary Not applicable for local authorities.

Assured Shorthold: Starter / Introductory Not applicable for local authorities.

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HOUS1703: Eviction warrants granted

Statistical Directorate, Welsh Government

Last update: 16th December 2011
Was added to StatsWales: 16th December 2011
Next Update: No longer updated.
Will be added to StatsWales: None planned, data collection ended with 2010-11
Source: Possessions and Evictions Data Collection, Welsh Government
Contact: stats.housing@wales.gsi.gov.uk

The information presented here covers possession orders and eviction warrants obtained against tenants of social landlords (local authorities and Registered Social Landlords (RSLs)) in Wales.

The information is collected to establish the number of possession orders and eviction warrants obtained by social landlords across Wales and the number of tenants who are forced to leave their home as a result. The information is used in order to monitor trends over time in the level and types of legal action taken by social landlords against their tenants as well as the reasons for the action.

Possession orders can be granted by the courts following a judicial hearing. Eviction warrants can only be applied for once a possession order has been granted but parties can still negotiate a compromise to prevent eviction.

For further information, please see <a href= http://wales.gov.uk/topics/statistics/headlines/housing2011/111207/?lang=en target=_blank> Statistical Release: Social Landlords Possession and Evictions, 2010-11, </a>

Housing, Possessions, Evictions, Orders, Tenancy, Warrants

Name

HOUS1703