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Housing Department P.O. Box No. 60, Civic Centre, Enfield
NOTICE OF SEEKING POSSESSION HOUSING ACT 1985 - SECTION 83
THIS NOTICE IS THE FIRST STEP TOWARDS REQUIRING YOU TO GIVE UP
POSSESSION OF YOUR DWELLING. YOU SHOULD READ IT AND ALL THE
NOTES VERY CAREFULLY.
• To: Mr Simon Cordell
NOTES TO PARAGRAPH 1
If you need advice about this Notice, and what you should do about it, take it as quickly as
possible to a Citizens’ Advice Bureau, a Housing Aid Centre, or a Law Centre, or to a
Solicitor. You may be able to receive Legal Aid, but this will depend on your personal
circumstances.
• The Landlord, the Mayor and Burgesses of the London Borough of Enfield intends
to apply to the Court for an order requiring you to give up possession of:
109 Burncroft Avenue, Enfield, Middlesex, EN3 7JQ
NOTES TO PARAGRAPH 2
If you are a secure tenant under the Housing Act 1985, you can only be required to leave your
dwelling if your landlord obtains an order for possession from the Court. The order must be
based on one of the Grounds, which are set out in the 1985 Act (see paragraphs 3 and 4
below).
If you are willing to give up possession without a Court order, you should notify the person
who signed this Notice as soon as possible and say when you would leave.
• Possession will be sought on Grounds 1 & 2 of Schedule 2 to the Housing Act 1985,
which read:
Ground 1
l
140,
Rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been
broken or not performed.
Ground 2
• The tenant or a person residing in or visiting the dwelling-house –
has been guilty of conduct causing or likely to cause harassment, alarm or distress to a
person residing, visiting, or otherwise engaging in a lawful activity in the locality, or
(aa) has been guilty of conduct causing or likely to cause a nuisance or annoyance to the
landlord of the dwelling-house, or a person employed (whether or not by the landlord) in
connection with the landlord’s housing management functions, and that is directly or
indirectly related to or affects those functions, or
• has been convicted of—
• using the dwelling-house or allowing it to be used for immoral or illegal purposes, or
• an indictable offence committed in, or in the locality of, the dwelling-house.
NOTES TO PARAGRAPH 3
Whatever Grounds for possession are set out in paragraph 3 of this Notice, the Court may
allow any of the other Grounds to be added at a later stage. If this is done, you will be told
about it so you can argue at the hearing in Court about the new Ground, as well as the
Grounds set out in paragraph 3 if you want to.
• The reasons for taking this action are>
You have failed to comply with the following obligations of your tenancy agreement which
th
commenced on 14 August 2006.
The relevant conditions of the tenancy agreement are as follows:
As to Ground 2
Condition 9