Thursday 11 August 2011

Evicting those convicted of Riot Crimes from social housing?

If the landlord is a registered social landlord and the tenancy is assured - then its Ground 14, Schedule 2, Housing Act 1988.  If the landlord is a local authority and the tenancy is secure - then its Ground 2, Schedule 2, Housing Act 1985 - both Grounds 2 and 14 say this -

The tenant or a person residing in or visiting the dwelling-house—

(a)has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, or

(b)has been convicted of—

(i)using the dwelling-house or allowing it to be used for immoral or illegal purposes, or

(ii)an [indictable] offence committed in, or in the locality of, the dwelling-house.

The Court then has to go on to consider whether it is reasonable to make a possession order and must take into account the following:

The court must consider, in particular—

(a)the effect that the nuisance or annoyance has had on persons other than the person against whom the order is sought;

(b)any continuing effect the nuisance or annoyance is likely to have on such persons;

(c)the effect that the nuisance or annoyance would be likely to have on such persons if the conduct is repeated.

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