17^th Oct 2013

Private tenants who commit anti-social behaviour could face exclusion from their homes, after a government U-turn last week. The Anti-Social Behaviour, Crime and Policing Bill will provide powers to landlords to apply to temporarily evict tenants if they are guilty of sustained ASB.

This power would only have applied to social tenants- meaning no action could be taken against private tenants in the private rented sector.

The government initially rejected calls from Labour and housing bodies for the power to apply to all tenancies, but changed course on Tuesday when it announced an amendment to the bill.

• Eamon Lynch, managing director of the Social Landlords Crime and Nuisance Group who lobbied for the change to the bill, said: ‘It would have seemed unfair, or even perverse, that if you lived in a certain type of tenure you could be subject to this, but not in others.’
• The bill is expected to receive royal assent in the spring.

PIMS Comment

• Will this new law provide Landlords with any new powers ; at present Landlords are able to evict Tenants using a Section 8 Notice and can cite ground(s) 14 which are in essence a duplicate being 

  Ground 14 - Anti social or criminal behaviour

  • (Notice (a) 14 days (b) 1 day) - Technically can be same but we advocate demonstrating to the Judge you have allowed reasonable time to remedy prior to requiring court action
  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 activity in the locality 
  • or using the dwelling house or allowing it to be used for immoral
  • or illegal purposes or  an arrestable offence committed in or in the locality of the dwelling house
  PIMS NOTES GROUND 14 FOR REFERENCE
  
  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.]

  The legal protocols for eviction using Anti Social Laws are still likely to be the same burden of proof so sadly Eviction using Section 21 Notice  remains a more viable and less personalised/confrontational eviction  

  SAMPLE of DOCUMENTS FREE TO MEMBERS

  • Damage to property
  • Untidy Garden
  • Unauthorised Occupiers
  • Antisocial behaviour first letter
  • Car parking in unallocated bays in flats
  • Smoking in Shared Houses
  • Smoking in Premises not shared
  • Guide to drug abuse in rented properties
  • Tenant has changed the locks
  • Complaint about noise letter 1
  • Noise complaint second letter or Breach of Tenancy Excessive noise
  IMPORTANT It is only after this letter and failure to remedy such breach is it considered reasonable behaviour on the part of the Landlord to embark on the next phase - which is the issuing of a notice, known as a Section 8 Notice for breach of the tenancy

  Section 8 Eviction Notice

  • Top Questions Answered
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  • PIMS GUIDE  HOW TO Issue a Section 8 Notice for non-rent arrears  - Use our Notice that comes with our 15 page Guide