Government Proposes Mandatory Power of Possession

The Department of Communities and Local Government consultation paper, “A New Mandatory Power of Possession for Anti-social Behaviour”, suggests a new fast-track procedure for evicting ‘neighbours from hell’. The document outlines a power that gives landlords the ability to evict tenants who are proven to have engaged in persistent anti-social behaviour.

The power would be available to private as well as social landlords, and previous convictions for anti-social behaviour would be taken into account, shortening the eviction process. Trigger offences could include:

- a conviction for a housing-related offence such as violence against neighbours;
- drug dealing and criminal damage;
- breach of an injunction for anti-social behaviour (where the landlord is party to the injunction); or
- closure of a premises under a closure order

Currently, local authority tenants can be evicted by obtaining a court order. However bringing court proceedings is a slow process, and many neighbours are reluctant to give evidence against a tenant for fear of repercussion. Social landlords are keen to house tenants so obtaining an order for possession is usually a last resort.

There are also concerns over how much proportionality the court will be able to introduce to proceedings. What about relatively minor breaches of the Tenancy, such as keeping a cat when there is a no-pets clause? How long until previous offences can no longer be used as a basis for eviction?

The consultation closes on 27 October 2011.

Oliver Kew

Published on 13/09/2011