Notice Seeking Possession

What is a Notice Seeking Possession?

A Notice Seeking Possession (NOSP) is a formal letter from Magenta Living. It doesn't mean you have to leave your home right away, but it's important to take it seriously and get in touch with us as soon as possible.

Important: You do not have to leave your home immediately.

Why might you receive one?

You might receive a NOSP for reasons such as:

  • Anti-social behaviour or criminal convictions
  • Rent arrears (falling behind on rent)
  • Breaking tenancy rules (e.g. subletting without permission)
  • Property damage
  • Providing false information when applying for the tenancy

What happens next?

1. If you receive a notice, it will explain the reason why and the earliest date court action can begin (at least 4 weeks later).

2. You can take action by talking to us and getting independent advice.

3. If the reason why you have received a NOSP isn't resolved, we may need to go to court to ask for permission to take back your home from you.

4. Possession hearing - a Judge will decide the outcome and if you must leave your home. You can challenge the claim or ask for more time.

5. Eviction (only if ordered by the Judge) - if the court grants possession to Magenta and you don't leave within the timeframe, we can send bailiffs to your home. You'll get at least 14 days' notice to leave.

Your rights & support

There are two different types of NOSP:

Ground 7A NOSP

This is used in the most serious cases, like violence or drug offences, where the court must give us possession if the conditions are met.

It's called a 'mandatory ground for possession', which means that if we can prove one of the specific conditions has been met, like a conviction for a serious offence or a breach of a court order, the court must grant possession of the property to us.

This ground is used only after a conviction or court finding has been made.

Grounds 12 & 14 NOSP 

A 'Ground 12' is used if a tenant has broken the terms of their tenancy agreement, other than not paying rent. This could include things like keeping pets when not allowed, subletting without permission, or failing to maintain their home.

A 'Ground 14' is used when a tenant (or someone living with or visiting them) has caused nuisance or annoyance to neighbours, visitors, or the landlord. It can also cover criminal or anti-social behaviour.

Because these are discretionary grounds, the court will only grant eviction if it decides it's reasonable - meaning it will look at the seriousness of the issue, the impact on others, and whether the tenant has tried to fix the problem.

Talk to us

If you're worried or have questions, please contact us for support and advice, we're here to help you.