New remedies for possession - Anti Social Behaviour, Crime and Policing Act 2014

New remedies for possession - Anti Social Behaviour, Crime and Policing Act 2014

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Author: Bukola Aremu

The Anti - Social Behaviour, Crime and Policing Act 2014 ("the Act") gives social landlords new powers to obtain possession against tenants causing nuisance and or anti - social behaviour.

Recovery of possession of property for nuisance and anti - social behaviour is found in Part 5 of the Anti - Social Behaviour Crime and Policing Act 2014. Part 5 contains a list of 5 conditions allowing a landlord absolute grounds for possession as well as discretionary grounds for possession in matters relating to anti - social behaviour only.

The new remedy is available to social landlords providing accommodation to tenants under secure & assured tenancies.

Absolute Grounds

Secure tenancies - Section 94 (1) of the Act sets out the new ground for serious or breach of prohibitions etc under a secure tenancy. The Act refers to section 84 of the Housing Act 1985 and inserts section 84A immediately after as an absolute ground for possession for anti - social behaviour. Section 84A lists 5 conditions. If any of the 5 conditions are met the court must make an order for possession.

Assured tenancies - Section 97 (1) of the Act sets the corresponding new ground and notice requirements for assured tenancies. Ground 7A is now inserted after Ground 7 in Part 1 of Schedule 2 of the Housing Act 1988. Ground 7A lists the same 5 conditions under section 84A of the Housing Act 1985. If any of the 5 conditions are met the court must grant a possession order.

Condition 1

The tenant, or a person residing in or visiting the dwelling-house, has been convicted of a serious offence, and the serious offence -

  • Was committed (wholly or partly) in, or in the locality of, the dwelling-house,
  • Was committed elsewhere against a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or
  • Was committed elsewhere against the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and directly or indirectly related to or affected those functions.

Condition 2

A court has found in relevant proceedings that the tenant, or a person residing in or visiting the dwelling-house, has breached a provision of an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014, other than a provision requiring a person to participate in a particular activity, and -

  • The breach occurred in, or in the locality of, the dwelling-house, or
  • The breach occurred elsewhere and the provision breached was a provision intended to prevent -
  1. Conduct that is capable of causing nuisance or annoyance to a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or
  2. Conduct that is capable of causing nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions.

Condition 3

The tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under section 30 of the Anti-social Behaviour, Crime and Policing Act 2014 consisting of a breach of a provision of a criminal behaviour order prohibiting a person from doing anything described in the order, and the offence involved -

  • A breach that occurred in, or in the locality of, the dwelling-house, or
  • A breach that occurred elsewhere of a provision intended to prevent -
  1. Behaviour that causes or is likely to cause harassment, alarm or distress to a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or
  2. Behaviour that causes or is likely to cause harassment, alarm or distress to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions.

Condition 4

  • The dwelling-house is or has been subject to a closure order under section 80 of the Anti-social Behaviour, Crime and Policing Act 2014, and
  • Access to the dwelling-house has been prohibited (under the closure order or under a closure notice issued under section 76 of that Act) for a continuous period of more than 48 hours.

Condition 5

  • The tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under -
  1. Section 80(4) of the Environmental Protection Act 1990 (breach of abatement notice in relation to statutory nuisance), or
  2. Section 82(8) of that Act (breach of court order to abate statutory nuisance etc.), and the nuisance concerned was noise emitted from the dwelling-house which was a statutory nuisance for the purposes of Part 3 of that Act by virtue of section 79(1) (g) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance).

Condition 1, 2, 3, 4 or 5 is not met if -

  • There is an appeal against the conviction, finding or order concerned which has not been finally determined, abandoned or withdrawn, or
  • The final determination of the appeal results in the conviction, finding or order being overturned.

About the author

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Bukola Aremu

Senior Associate

03700 864158

Bukola has over 10 years experience in dealing with all aspects of housing management litigation issues for registered providers and local authorities. Her experience includes possession claims for breach of tenancy, disrepair matters, and anti-social behaviour, possession claims and injunction applications. Bukola is a member of the Chartered Institute of Housing.

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