12.1 As explained in paragraph 1.1, this agreement is a contract between us. We both have rights and obligations. The general rule is that either of us can enforce the agreement against the other in the County Court by civil action (as opposed to criminal action, which requires a higher standard of proof).
12.2 This part of the agreement explains how we will enforce it against you if necessary. If you believe that you have the right to take legal action against us and it is necessary to do so, we recommend that you contact a solicitor for advice.
12.3 Unless it is urgent that we take immediate legal action against you, we will contact you if we have cause for complaint. That way we hope to sort it out before it becomes a major problem requiring legal action.
12.4 But we will not tolerate persistent or serious breaches of this agreement. If necessary, we will therefore apply to the court for an order against you. For example, the court may:
- end your tenancy, leading to your eviction
- issue an injunction or similar order against you to stop breaches of the agreement.
For some kinds of anti-social behaviour by secure tenants the court may also, or instead:
- suspend your right to buy for a specified period of time
- make a demotion order against you (as explained in paragraph 12.5).
12.5 Before applying to the court for a demotion order, we must give you a preliminary notice. That notice will explain the process. If the court makes a demotion order, your secure tenancy ends and is replaced with a demoted tenancy. The effect is that you begin a new trial period. During that period, you have less security and fewer rights, for example:
- your home is at much higher risk of repossession if you do not keep to this agreement
- you cannot buy your home
- you cannot exchange homes with other tenants (and your right to pass your tenancy on otherwise is restricted).
This agreement still applies to the demoted tenancy.
12.6 If we apply to the court for an order against you, we will include a claim that you must pay our legal costs.
