Possession orders by landlord and possession type

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Tenancy $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

Action

Anti-social behaviour orders (ASBOs) - Under the Crime and Disorder Act 1988 the police or a local authority, or (since December 2002) a Registered Social Landlord can apply to the magistrates court for an ASBO against anyone over the age of 10.<br /><br />In many cases there will be more than one reason for the eviction of a tenant. In completing this survey the landlord should give the main reason, in their view, for the possession action. An example of the other category would be possessions by Order 24 (trespasser proceedings).<br />

Action 1

Procedure

Mandatory - Mandatory under Grounds 1 to 8 of the Housing Act 1988 as amended by the Housing Act 1996.<br />

Procedure 1

Year

Measure1

Possessions

Postponed orders were introduced from July 2006.<br /><br />Suspended possession orders - Frequently, the courts grant possession but suspend the operation of the order. 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 />Postponed possession orders - This order does not in itself end the tenancy, but if its terms are breached the court may, on application by the landlord, fix a date for the tenancy to end without a further hearing.<br /><br />Outright orders - The court, following a judicial hearing, may grant an order for possession immediately. This entitles the claimant to apply for a warrant to have the defendant evicted. However, even where a warrant for possession is issued, the parties can still negotiate a compromise to prevent eviction.

Possessions 1

Possessions 2

Landlord

Landlord 1

Landlord 2

Landlord 3

All possession orders

All possession orders

Suspended and postponed possession orders Suspended and postponed total only includes suspended orders prior to 2006-07.

Outright possession orders

Suspended possession orders

Postponed possession orders

Wales

1,708

480

2,188

1,228

3,416

Wales

Total Local Authorities

640

380

1,020

693

1,713

Total Local Authorities

Isle of Anglesey

Gwynedd

Conwy

Denbighshire

Flintshire

104

132

Wrexham

102

171

Powys

Ceredigion Stock transferred to Tai Ceredigion in December 2009.

Pembrokeshire

123

Carmarthenshire

150

224

Swansea

156

103

259

Neath Port Talbot Stock transferred to NPT Homes in March 2011.

Bridgend

Stock transferred to Valleys to Coast in September 2003.

Vale of Glamorgan

Cardiff

121

159

149

308

Rhondda Cynon Taf Stock transferred to RCT Homes in December 2007.

Merthyr Tydfil Stock transferred to Merthyr Valleys Homes in March 2009.

Caerphilly

161

165

209

Blaenau Gwent Stock transferred to Tai Calon Community Housing in July 2010.

Torfaen

Stock transferred to Bron Afon Community Housing in April 2008.

Monmouthshire Stock transferred to Monmouthshire Housing in January 2008.

Newport

Total Registered Social Landlords

1,068

100

1,168

535

1,703

Total Registered Social Landlords

Abbeyfield Total

Aelwyd Housing Association

Almshouse total

Baneswell Housing Association

Bangor Diocesan Housing Association

Bro Myrddin Housing Association

Bron Afon Community Housing New RSL created by the stock transfer from Torfaen council, April 2008.

140

204

Cadarn Housing Group Does not own stock.

Cadwyn Housing Association

Cardiff Community Housing Association

Cardiff YMCA Housing Association

Care and Repair in Powys Does not own stock.

Cartrefi Conwy New RSL created by the stock transfer from Conwy council, September 2008.

Cartrefi Cymunedol Gwynedd New RSL created by the stock transfer from Gwynedd council in April 2010.

Castle Housing Association (Wales) Part of the Family Group.

Charter Housing Association Part of the Seren Group.

Clwyd Alyn Housing Association Part of the Pennaf Group.

102

Coastal Housing Group Cymdeithas Tai Dewi Sant and Swansea HA merged to form Coastal Housing group in April 2008.

Cymdeithas Tai Cantref

Cymdeithas Tai Clwyd

Cymdeithas Tai Cymdogaeth Gwalia

Cymdeithas Tai Eryri

Cymdeithas Tai Hafan

Cynon Taf Housing Association Merged with Pontypridd and District to become Cynon Taf Community Housing in January 2008.

Cynon-Taf Community Housing Group Formed from the merger of Cynon Taf and Pontypridd and District in January 2008.

Dewi Sant Housing Association Merged with Swansea HA to form Coastal Housing Group in April 2008.

Eastern Valley Housing Association Merged with Gwerin to form Melin Homes on 01 April 2007.

Fairlake Living $1) Name changed from \'Gwent Homes\' to \'Fairlake Living\' in January 2011. 2) Part of the Seren Group.$

Fairlake Properties Part of the Seren Group.

Family Housing Association (Wales)

First Choice Housing Association

Gofal a Chymorth Gwalia $1) Name changed from \'Trothwy\' to \'Gofal a Chymorth Gwalia\' in 2010-11. 2) Part of the Gwalia Group.$

Gofal a Thrwsio Gwynedd Merged with Gofal a Thrwsio Mon to form Canllaw

Gofal a Thrwsio Mï¿½n Does not own stock. Merged with Gofal a Thrwsio Gwynedd to form Canllaw

Gwalia (Rest Bay Co-Ownership Equity Sharing) Housing Association

Gwalia Housing Group Part of the Gwalia Group.

Gwalia Housing Trust 1) Does not own stock. 2) Part of the Gwalia Group.

Gwerin (Cymru) Housing Association Merged with Eastern Valley to form Melin Homes on 01 April 2007.

Gwynfyd Housing Co-Operative

Hafod Care Housing Association Part of the Hendre Group.

Hafod Housing Association Part of the Hendre Group.

Hendre Housing Association

Linc Cymru $Name changed from \'Glamorgan and Gwent\' to \'Linc Cymru\' in April 2006.$

Melin Homes Melin Homes was created by the merger of Eastern Valley and Gwerin on 01 April 2007.

Merthyr Tydfil Housing Association

Merthyr Valleys Homes New RSL created by the stock transfer from Merthyr Tydfil council in March 2009.

Mid Wales Housing Association

Monmouthshire Housing New RSL created by the stock transfer from Monmouthshire council in January 2008.

Newport City Homes New RSL created by the stock transfer from Newport council in March 2009.

Newport Housing Trust

Newtown Housing Association Merged with Newydd in 2005.

Newydd Housing Association 1) Absorbed Newtown Housing Association in 2005. 2) Part of the Cadarn Group.

North Wales Housing Association

NPT Homes

New RSL created by the stock transfer from Neath Port Talbot council in March 2011.

Pembrokeshire Care And Repair 2000 Does not own stock.

Pembrokeshire Housing 2000 Does not own stock.

Pembrokeshire Housing Association

Pennaf

Pennant Housing Association $Named changed from \'Swansea Hillside\' to \'Pennant\' in 2009-10.$

Polish Housing Society

Pontypridd and District Housing Association Merged with Cynon Taf to become Cynon Taf Community Housing in January 2008.

RCT Homes

New RSL created by the stock transfer from Rhondda Cynon Taf council in December 2007.

168

Reach Supported Living 1) Does not own stock. 2) Part of the Seren Group.

Rhondda Housing Association Part of the Hendre Group.

Saint David's Diocesan Housing Association

Seren Group

Solas Cymru 1) Does not own stock. 2) Part of the Seren Group.

Soroptimist Housing Association (Carmarthen)

Swansea Housing Association Merged with Cymdeithas Tai Dewi Sant to form Coastal Housing Group in April 2008.

Taff Housing Association

Tai Calon Community Housing New RSL created by the stock transfer from Blaenau Gwent council in July 2010.

Tai Ceredigion New RSL created by the stock transfer from Ceredigion council in December 2009.

Tai Cymdogaeth Part of the Gwalia Group.

Ty Glas Housing Society 1) Does not own stock. 2) Part of the Pennaf Group.

United Welsh Housing Association

Valleys to Coast Housing New RSL created by the stock transfer from Bridgend council in September 2003.

Wales and West Housing Association

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HOUS1701: Possession orders

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.

Local authorities and Registered Social Landlords have been asked for the purposes of completing this statistical inquiry to decide if the main reason for seeking a possession order was anti-social behaviour by the tenant or members of their household.

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, Arrears, Anti-social behaviour

Name

HOUS1701