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ASB – The
Changing
Landscape
CIH Midlands Region
March 2013
Gail Sykes, Partner Tel: 01733 888794
Email: [email protected]
www.buckles-law.co.uk
Possession Proceedings
and Proportionality
• Summary possession proceedings still open
to challenge
• The court should follow the guidance in
Manchester City Council v Pinnock and
Hounslow v Powell
• Recent case law includes
• Corby Borough Council v Scott [2012]
• West Kent HA v Haycraft [2012]
• Riverside Group Ltd v Thomas [2012]
Possession Proceedings
and Proportionality
To avoid a successful challenge:
• Follow policy and procedure
• Investigate allegations of ASB
• Manage the tenant’s expectations
• Keep a complete file!
• Ensure that independent reviews are
available
The Draft Anti-Social
Behaviour Bill
• Published 13 December 2012
• Has been considered by the Home Affairs
Select Committee – which reported on 15
February 2013
• Further amendments likely before
consideration by Parliament 2013/2014
• Commencement 2015?
The Draft Anti-Social
Behaviour Bill - mandatory
possession
• NOSP 28 days notice to be served within a
year if conviction/breach
• Five conditions for possession
• Review procedure will be required –
(proportionality challenges likely)
1. Conviction of serious offence
2. Breach of injunction
3. Breach of criminal behaviour order
4. Closure order
5. Breach of noise abatement notice
The Draft Anti-Social
Behaviour Bill - mandatory
possession
• Inter-agency communication – convictions
• Injunctions – breach must have been proved
to the court
• More incentive to defend committal
proceedings for breach of injunction or to
deny serious offences
• Judges likely to scrutinise injunction terms
very carefully
• Undertakings less attractive to housing
providers but more attractive to Judges
The Draft Anti-Social
Behaviour Bill - mandatory
possession
The Draft Anti-Social Behaviour
Bill - new discretionary ground
for possession
• The tenant, or a person residing in the
dwellinghouse (in England) has been
convicted of an offence which took place in a
riot in the UK
• A discretionary ground so that the judicial
approach to possession will be interesting
Injunctions to Prevent
Nuisance and
Annoyance (IPNA’s)
The test:
• Conduct capable of causing a nuisance and
annoyance; and
• It is just and equitable to grant the injunction
• Without notice injunctions, powers of arrest
and exclusion orders still available
Injunctions to Prevent
Nuisance and
Annoyance (IPNA’s)
• Available against those over 10 (Youth Court
jurisdiction)
• Available to a wider number of agencies
(Police, Environmental Health)
• Scope may be limited with a proportionality
test or the need to show that conduct was
intentional or reckless
• An attempt to define housing management
functions
Recent ASB Case Law
Southend Borough Council v Armour [2012]
• Termination of introductory tenancy
• No further ASB between service of notice and
trial
• Should the period of good behaviour be taken
into account?
• Delays (at least in part caused by the
defendant’s legal team)
Recent ASB Case Law
Birmingham City Council v Ashton [2012]
• The judicial approach when considering
whether the tenant is likely to cause further
ASB is a suspended order is made
• The court should consider whether cogent
evidence has been produced
Recent ASB Case Law
Stafford v Camden LBC [2012]
• Considered whether LA must serve a fresh
section 128 notice when previous notice
relied upon to issue proceedings
• Review panel suggested alternative to
possession
• CA held landlord must give unequivocal
confirmation of original decision
• Be aware of danger of giving "second
chance"
Recent ASB Case Law
Wandsworth LBC v Maggott [2013]
• ASB not found to be “in the locality” of Mr
Maggott’s home
• The landlord could not rely upon tenants’
ASB covenants which were too wide
• If the Judge was wrong – it was not
reasonable to make an order anyway!
Any questions?
?
ASB – The
Changing
Landscape
March 2013
Buckles Solicitors LLP | Grant House | 101 Bourges Boulevard | Peterborough | PE1 1NG | Telephone: 01733 888888
Buckles Solicitors LLP | 3 St Mary's Hill | Stamford | Lincs | PE9 2DW | Telephone: 01780 484570
www.buckles-law.co.uk [email protected]
Buckles Solicitors LLP is authorised and regulated by the Solicitors Regulation Authority
Registered in England No OC311739.