ASB The Changing Landscape CIH Midlands Region March 2013 Gail - - PowerPoint PPT Presentation

ASB – The Changing Landscape

CIH Midlands Region March 2013

Gail Sykes, Partner

Tel: 01733 888794 Email: gail.sykes@buckles-law.co.uk 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 enquiries@buckles-law.co.uk

Buckles Solicitors LLP is authorised and regulated by the Solicitors Regulation Authority Registered in England No OC311739.