Brabners Chaffe Street Solicitors - Social Housing Services

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Riverside welcomes reform
12/01/2011

Riverside has welcomed the government's willingness to crack down on anti-social behaviour but is concerned that current case law may conflict with the new proposals

Housing Minister Grant Shapps has announced proposals to reform the tools and powers available to tackle anti-social behaviour. These include a new additional mandatory ground for possession so tenants with a track record of anti-social behaviour can be evicted from their council or housing association property more quickly.

Tom McGuire, Riverside's Lead Director for Anti-Social Behaviour, said: “The majority of anti-social behaviour can be resolved before it gets out of control, for example through the use of mediation services such as family intervention projects.

“However, where legal action is necessary we will not shy away from it and we have successfully evicted tenants who have made their neighbours lives a misery.

“While we welcome any new measures the government brings in to tackle anti-social behaviour, we're not sure how effective the new proposals are.

“The case of Pinnock Vs Manchester City Council established that because tenants enjoy the benefits of Human Rights legislation, if we want them to be evicted for a proven act of anti social behaviour, the judge in the eviction hearing may be required to reconsider the misdemeanour and decide whether in his or her view, an eviction is a fair and proportionate response. This effectively means that the new announcement of a mandatory ground for eviction based upon ASB, effectively becomes a decision at the discretion of the judge in the eviction case, therefore making it no easier to secure evictions than it is today.

“However, whilst we welcome all government efforts to provide new tools or powers for us to tackle ASB but in respect of the recent announcement, we look forward to seeing the detail.”

Brabners Chaffe Street Partner Ian Alderson, who acts for Riverside in connection with anti-social behaviour cases, adds: “We welcome any new government initiative to tackle anti-social behaviour but the introduction of another mandatory ground for possession will not be the answer because of the effect of the Pinnock case. In the Pinnock case the Supreme Court held that where a public landlord (such as a housing association) seeks possession of someone's home, the Court will have to be satisfied that it is “proportionate” to make a possession order. In this context “proportionate” probably means the same as “reasonable” therefore there is unlikely to be any significant difference between mandatory and discretionary grounds for possession in contested possession cases.”


For further information contact Ian Alderson at Brabners Chaffe Street on 0151 600 3000

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