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Data Provider: Welsh Government National Statistics Possession orders by tenancy, reason for action and procedure

Archived (English only) – No longer updated.

[Collapse]PossessionsPostponed 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.[Filter]
[Collapse]Possessions 1[Filter]
Possessions 2[Filter]
[Collapse]Landlord 1[Filter]
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Landlord 3[Filter]
[Collapse]ActionAnti-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 />[Filter]
Action 1
[Collapse]ProcedureMandatory - Mandatory under Grounds 1 to 8 of the Housing Act 1988 as amended by the Housing Act 1996.<br />[Filter]
Procedure 1
[Collapse]TenancyLocal Authority:<br />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. <br />In relation to secure tenancies there are 18 grounds for possession that fall into three categories:<br />o Those where the court has a discretion to order possession on the grounds that it is reasonable to do so;<br />o Those where the court may order possession where suitable alternative accommodation is available;<br />o Those where the court may order possession where it thinks this would be reasonable and where suitable accommodation is available.<br /><br />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.<br /><br />Registered Social Landlord:<br />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.<br /><br />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.<br />In relation to assured tenancies there are also 18 grounds for possession as follows:<br />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);<br />o Discretionary grounds - where the court may only order possession where it is reasonable to do so e.g. persistent delay in paying rent.<br /><br />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.<br /><br />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\'. <br /><br />The \'other\' tenancy type category may include licenses, replacement assured tenancy and \'use and occupation\'. [Filter]
Tenancy 1
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[Collapse]Arrears[Collapse]Anti-social behaviour[Collapse]Other
[Collapse]TotalClick here to sortTotal[Collapse]TotalClick here to sortTotal[Collapse]TotalClick here to sortTotal
Click here to sortMandatoryClick here to sortDiscretionaryClick here to sortMandatoryClick here to sortDiscretionaryClick here to sortMandatoryClick here to sortDiscretionary
TotalSecure.The data item is not applicable1,5421,542.The data item is not applicable8484.The data item is not applicable42421,668
Secure: introductoryNot applicable for RSLs.108.The data item is not applicable1083.The data item is not applicable30.The data item is not applicable0111
AssuredNot applicable for local authorities.171,3231,340138392791,388
Assured Shorthold: OrdinaryNot applicable for local authorities.4495342600059
Assured Shorthold: Starter / IntroductoryNot applicable for local authorities.1313014320929000172


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

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= target=_blank> Statistical Release: Social Landlords Possession and Evictions, 2010-11, </a>

Housing, Possessions, Evictions, Orders, Tenancy, Arrears, Anti-social behaviour