Archive for the 'ASB' Category

Barking and Dagenham LBC v Bakare; too little too late

By FT on 14/05/2012. 0 Comments

Just a brief note on this. As yet no transcript. This is another example of a fairly robust antisocial behaviour decision being upheld on appeal and it reinforces the well established principle that an appellant who is essentially attacking the discretion of the Judge below will find no sympathy in the Court of Appeal.

The background was that a long standing secure tenant had lived in her flat with her three children. Her youngest son aged 19 had been involved in some offending including use and possession of cannabis and had some connection with firearms and ammunition found near the premises. B&D sought possession for both rent arrears and antisocial … Read the full post

Posted in ASB, FLW case note, Housing law - All, Possession and secure-tenancy. Tags: , .

Full of Sound and Fury…

By NL on 19/01/2012. 1 Comment

Signifying nothing*

(*And yes, I am aware that the preceding line is ‘A tale told by an idiot’.)

The much trumpeted Wandsworth riot related eviction has stalled even before possession proceedings were issued. According to a press release from Liberty, following a meeting with the tenant’s legal representatives (the tenant is represented by Liberty), LB Wandsworth agreed not to bring proceedings.

If you recall (and here is our very first take on the matter, written on the day of the press release and subsequent service of Notice Seeking Possession by Wandsworth), the son of the tenant was charged with riot related offences. The son has now been sentenced … Read the full post

Posted in ASB, FLW case note, Housing law - All, Possession and secure-tenancy.

Fairness for hedges

By Dave on 17/12/2011. 0 Comments

R(Pelling) v Newham LBC [2011] EWHC 3265 (Admin), 28.10.2011 (not on Bailii yet)

It’s fair to say that I have an unnatural (purely) academic interest in high hedges – my colleagues laugh every time I try to discuss it sensibly.  I’ve always found it discursively significant that provisions about high hedges were included in the Anti-Social Behaviour Act 2003.  Anyway, there are others who have a more practical interest in them too, as can be seen from the various television programmes which grace our screens about them (often in the vein of the “neighbours from hell”).  Whether or not Dr Pelling has appeared in those programmes, I do not know, … Read the full post

Posted in ASB, FLW case note and Housing law - All. Tags: , .

Ain’t no Cicero

By NL on 19/08/2011. 8 Comments

This, the second post on the riot related possession proposals (the first is here), looks at an article published on the ConservativeHome website by Jake Berry MP, Parliamentary Private Secretary to Grant Shapps, and Tory MP for the gritty urban constituency of Rossendale and Darwen in Lancashire.

OK, that last bit may be a bit of a fib, but the roads, lanes and bridle ways of Rossendale and Darwen are, it would seem, not without tensions.

“The community in Rossendale and Darwen is strong, with the glue of fantastic schools, strong churches, youth clubs and community groups binding us together. Even with our strong society, we have to

… Read the full post

Posted in ASB, assured-tenancy, Housing law - All, Possession, secure-tenancy and Various (non-housing).

Losing localism

By NL on 18/08/2011. 10 Comments

Or, more accurately ‘locality’. Sorry if that got anyone excited over nothing.

As has been widely announced, the DCLG consultation on introducing a mandatory ground for possession on grounds of conviction for a housing related ASB offence etc, previously discussed here, has been amended to include a question on amending Ground 2 of Schedule 2 to the Housing Act 1985 and Ground 14 of Schedule 2 to the Housing Act 1988 to remove the locality condition for certain offences. The amended consultation paper is here. The closing date is 7 November 2011

This is an exercise in two parts. In this, the first, I’ll outline and discuss the … Read the full post

Posted in ASB, assured-tenancy, FLW article, Housing law - All, Possession and secure-tenancy.

Wandsworth: headed for the naughty step?

By NL on 15/08/2011. 43 Comments

As is now pretty well known (and as I noted in the comments below this post) Wandsworth Council apparently made a bid to bring the first riot related possession proceedings. There are some things about Wandsworth’s behaviour that should be pointed out, but it also turns out that all might not be as it seems, leaving some questions for Wandsworth to answer.

Sadly, I’m going to have to link to some sources (including the Daily Mail) that identify the Wandsworth tenant and her son, who is the alleged rioter. I’m not going to use their names because, at least at present, I see no reason to do and quite … Read the full post

Posted in ASB, Housing law - All, Nuisance, Possession and secure-tenancy. Tags: , , , .

Evicting rioters: a brief note

By NL on 11/08/2011. 30 Comments

As a number of Councils and Housing Associations in London, Manchester, Salford and Birmingham say that they intend to evict tenants involved in rioting (and Grant Shapps has jumped in to back them, as has David Cameron), we’ve been requested to take a quick look at the relevant grounds of Housing Acts 1985 and 1988 and consider the ramifications.

The relevant grounds for an eviction would be Ground 2 of Schedule 2 of Housing Act 1985 (for secure, Council tenants) or Ground 14 Schedule 2 Housing Act 1988 (for assured, housing association tenants). These are pretty much identical, both read:

The tenant or a person residing in or

… Read the full post

Posted in ASB, assured-tenancy, FLW article, Housing law - All, Possession and secure-tenancy.
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