Archive for the 'ASB' Category

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And what kind of chocolate would you like your teapot?

By NL on 04/08/2011. 7 Comments

The DCLG has put out a consultation, announced by Grant Shapps (again), on proposals to bring in a mandatory ground for possession for Anti Social Behaviour. The closing date is 27 October 2011.

I had a look at Shapps’ initial announcement back in January. This time there is a bit more detail. Has it got any better or indeed more sensible?

Briefly, the proposal is to bring in a whole new process rather than to amended or add to existing grounds for possession in Housing Act 1985 or Housing Act 1988. The model is the Introductory Tenancy possession procedure.

The trigger is “serious housing-related behaviour which has already been … Read the full post

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

Back in the consulting room

By J on 12/07/2011. 0 Comments

R (Peat and others) v Hyndburn DC [2011] EWHC 1739 (Admin) is the first successful challenge to a selective licensing scheme. We’ve previously covered the permission hearings (here and here). It’s quite a fun judgment to read, if only for the absolute kicking that the authority get over their consultation exercise.

Selective licensing is, in short, a mechanism whereby authorities can require landlords to obtain licenses before being allowed to let property. Before making a designation, the authority must take reasonable steps to consult persons likely to be affected (s.80(9), Housing Act 2004) and (as the law stood at the relevant time), obtain the consent of the Secretary … Read the full post

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

Dealing, closure and possession

By NL on 26/06/2011. 0 Comments

Hammersmith and Fulham LBC v Forbes Willesden County Court 14 April 2011

While we are on County Court proceedings based on drugs and nuisance (see the previous post), this is a possession case following closure orders and allegations of dealing. Hat tip to ‘Recent Developments in Housing Law’ Legal Action June 2011 for the details.

Mr Forbes was Hammersmith’s secure tenant and had lived in the property for 31 years. He was a heroin addict. There were no nuisance issues prior to June 2010. Between June and October 2010 residents made complaints that Mr F was dealing drugs. The police raided and found a small quantity of heroin. Mr F … Read the full post

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

Mudslinging, evidence and possession of different kinds

By NL on 26/06/2011. 2 Comments

Barking & Dagenham LBC v Bakare, Imevbore & Imevbore. Romford County Court 14/03/2011 HHJ Platt [unreported elsewhere]

A county court case, but one with some interesting issues. Also a cautionary tale on being able to actually provide evidence of allegations and raising matters in the right proceedings.

Barking had applied within existing possession proceedings for a final order for possession of a property under Grounds 1 and 2 of Schedule 2 of the Housing Act 1985 against Ms Bakare. Barking also claimed against the second and third defendants (who are the adult sons of the first defendant) for anti social behaviour orders under section 1 of the Crime and … Read the full post

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

An opportunity to reform

By NL on 11/04/2011. 0 Comments

Hat tip to Legal Action’s Recent Developments in Housing Law for letting us know about this one.

Westlea Housing Association v Price, Swindon County Court, 20 & 21 Jan 2011

An ASB possession case, successfully defended at least partly on the basis that the landlord had failed to give support or seek intervention by social services or others, despite knowing something of the situation.

Ms P was a former street worker and recovering heroin addict. In 2007, the Claimant gave her an assured tenancy of a flat. In 2010, possession proceedings were brought under ground 14, schedule 2, Housing Act 1988 (ASB). There were 39 allegations, involving noise, loud … Read the full post

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

Proper Crimbo!*

By J on 08/02/2011. 0 Comments

In More Effective Respopnses to Anti-Social Behaviour the Government sets out its plans for reforms of the ASBO and other associated remedies. In brief, the government thinks that:

(a) there are too many tools for dealing with ASB and practitioners tend to stick with the ones they know best;

(b) some tools (especially the ASBO) are slow, bureaucratic and expensive;

(c) ASBOs are not deterring ASB;

(d) tools designed to deal with underlying causes of ASB are rarely used.

Therefore, the government proposes to abolish some 17 remedies (ASBO, CRASBO, Interim ASBO, ASB injunction, individual support order, intervention order, crack house closure order, premises closure order, brothel closure order, designated … Read the full post

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

Who you gonna call?

By J on 31/01/2011. 0 Comments
If there’s somethin’ strange in your neighbourhood you can now call… any of the persons listed in s.37(1), Policing and Crime Act 2009 (and not Mr Ray Parker Jr for whilst he “aint afraid of no ghost”, he’s useless* against criminal gangs).
You may recall that, back in BCC v Shafi (our note here), the Court of Appeal** held that a local authority could not use s.222, Local Government Act 1972 to obtain an injunction against members of a gang if (as in Shafi), it was possible to obtain an ASBO under s.1, Crime and Disorder Act 1998 instead. In that case, the authority had to seek an … Read the full post
Posted in ASB and FLW article. Tags: , , .
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