Eviction Warrant Obtained After Breach of Tenancy

Published On: September 4, 2026By

Last month NPH was forced to obtain an Eviction Warrant assisted by Bailiffs to remove a tenant and their occupant from an NPH property. The poor condition of the property was in breach of the tenancy agreement. In addition, the property did not meet the requirements of The Housing Health and Safety Rating System (HHSRS) despite numerous attempts to support and help maintain this tenancy in partnership with other agencies over a 2-year period.

The condition of this property came to the attention of NPH in 2024, but there had been historic issues with NPH officers gaining access to the property to carry out various safety checks. When eventually the Housing Officer (HO) gained access, the HO found that the property was home to two occupants, four cats and two dogs, but the HO suspected there could have been more animals hidden away at the time of her visits, and this was despite the tenant being banned for life from keeping animals. Animal faeces covered floors throughout the property and there a strong smell of animal urine, the bungalow was also very untidy and cluttered.

The HO explained to the tenant that the condition of the property was in breach of the tenancy agreement, and permission had not been granted for this number of animals. Because of the condition of the property, the tenant was set small tasks to start the process of clearing certain areas. The HO also scheduled 2-weekly visits so she could monitor any progress being made.

Unfortunately, these tasks set to help clear and tidy the property were not completed, but a record was kept for future reference. Undeterred, the HO enlisted help and partnership from others including an NPH Support Officer, a social worker, the RSPCA and local police officers.

The social worker conducted a capacity assessment; the tenant was found to have the capacity to understand what was required and maintain his property. A tenancy sustainability contract was drawn up to help the tenant stay on track with clearing up his home, unfortunately the tenant refused to engage with this. So, to help the tenant he was offered alternative accommodation which would better suit his needs, this too was refused.

The property is a two-bedroomed bungalow where both bedrooms rooms were in a very poor condition and so the tenant was sleeping in the lounge, this was largely due to a free-roaming rabbit in the bedrooms. The RSPCA eventually took the rabbit away, to assist the tenant to regain control of the property. The HO arranged for both bedrooms to be professionally cleaned which would allow them to be used for their intended purpose. Other issues which had also been identified included an un-repaired leak, partial electrics in the property, vermin in the loft and animal fleas throughout. The HO liaised with the occupants and contractors to get some of these issues rectified, which was difficult to resolve due to the tenant being reluctant to allow access. Another challenge was that neither the front nor back garden had been maintained.

With mounting evidence of the tenant’s refusal to engage, the HO was left with no alternative but to serve a Notice to Seek Possession of the property. A court date was set with over 200 pages of evidence submitted to support the possession case. A further capacity assessment was completed to make sure he was quite capable of maintaining his tenancy and that he understood the risks of his continued lack of engagement, this was passed and although the social worker also tried to provide care measures, the tenant refused help and there was no improvement in the engagement or condition of the property.

At this point, the HO had to take the next step and apply to the court for an Outright Possession Order which if granted would give the tenant 28 days to leave the property. This was granted and so at the end of that period when the tenant had not left the property, an application was made to the courts for an Eviction Warrant. On 17th August bailiffs attended to complete the eviction and the tenant was required to leave and the property was returned to NPH.

NPH has a legal duty to ensure that our properties meet the HHSRS standard and the properties we manage meet the Housing, Tenancy and Health & Safety regulations; despite all the help provided this property could not meet the required standards due to the actions of the tenant and so NPH had to react.

Thankfully, it is rare for NPH to seek eviction of our tenants, and as demonstrated NPH will always try to support our tenants to remain in their homes. In this case that was not possible. This link to NPH’s Tenancy Agreement is a legally binding document which details the rules that apply to the tenant, council and landlord.

If you, someone you know or a neighbour is struggling to maintaining their tenancy please call the contact centre on 0300 330 7003 ask for help or for a housing officer to get in touch.

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