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Possession proceedings for family intervention tenancies

This content applies to England

A landlord does not have to prove any grounds for possession of a family intervention tenancy and the county court must order possession if the correct procedure to end a tenancy was observed.

Correct procedure

If the landlord is a local authority it must firstly have served a notice of intent on the tenant giving reasons why it is seeking possession. It must then serve a notice to quit prior to issuing possession proceedings.

If the landlord is a private registered provider of social housing (PRPSH) it must have served a serving a notice to quit prior to issuing possession proceedings.

For further information see Possession of family intervention tenancies.

Public law defence

The court could have the power to assess the proportionality of making an order on human rights grounds or to consider a public law defence on conventional judicial review grounds. When it is not open to the court to consider such a defence, the tenant could ask the court to adjourn proceedings to enable an application for judicial review to be made. For further information see the page on Public law and human rights defences in possession proceedings.

Pre-action protocols

Social landlords should follow the Pre-action Protocol for Possession Cases by Social Landlords before pursuing possession proceedings

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