ASB – The

Changing

Landscape

CIH Midlands Region

March 2013

Gail Sykes, Partner Tel: 01733 888794

Email: gail.sykes@buckles-law.co.uk

www.buckles-law.co.uk

Possession Proceedings

and Proportionality

• Summary possession proceedings still open

to challenge

• The court should follow the guidance in

Manchester City Council v Pinnock and

Hounslow v Powell

• Recent case law includes

• Corby Borough Council v Scott [2012]

• West Kent HA v Haycraft [2012]

• Riverside Group Ltd v Thomas [2012]

Possession Proceedings

and Proportionality

To avoid a successful challenge:

• Follow policy and procedure

• Investigate allegations of ASB

• Manage the tenant’s expectations

• Keep a complete file!

• Ensure that independent reviews are

available

The Draft Anti-Social

Behaviour Bill

• Published 13 December 2012

• Has been considered by the Home Affairs

Select Committee – which reported on 15

February 2013

• Further amendments likely before

consideration by Parliament 2013/2014

• Commencement 2015?

The Draft Anti-Social

Behaviour Bill - mandatory

possession

• NOSP 28 days notice to be served within a

year if conviction/breach

• Five conditions for possession

• Review procedure will be required –

(proportionality challenges likely)

1. Conviction of serious offence

2. Breach of injunction

3. Breach of criminal behaviour order

4. Closure order

5. Breach of noise abatement notice

The Draft Anti-Social

Behaviour Bill - mandatory

possession

• Inter-agency communication – convictions

• Injunctions – breach must have been proved

to the court

• More incentive to defend committal

proceedings for breach of injunction or to

deny serious offences

• Judges likely to scrutinise injunction terms

very carefully

• Undertakings less attractive to housing

providers but more attractive to Judges

The Draft Anti-Social

Behaviour Bill - mandatory

possession

The Draft Anti-Social Behaviour

Bill - new discretionary ground

for possession

• The tenant, or a person residing in the

dwellinghouse (in England) has been

convicted of an offence which took place in a

riot in the UK

• A discretionary ground so that the judicial

approach to possession will be interesting

Injunctions to Prevent

Nuisance and

Annoyance (IPNA’s)

The test:

• Conduct capable of causing a nuisance and

annoyance; and

• It is just and equitable to grant the injunction

• Without notice injunctions, powers of arrest

and exclusion orders still available

Injunctions to Prevent

Nuisance and

Annoyance (IPNA’s)

• Available against those over 10 (Youth Court

jurisdiction)

• Available to a wider number of agencies

(Police, Environmental Health)

• Scope may be limited with a proportionality

test or the need to show that conduct was

intentional or reckless

• An attempt to define housing management

functions

Recent ASB Case Law

Southend Borough Council v Armour [2012]

• Termination of introductory tenancy

• No further ASB between service of notice and

trial

• Should the period of good behaviour be taken

into account?

• Delays (at least in part caused by the

defendant’s legal team)

Recent ASB Case Law

Birmingham City Council v Ashton [2012]

• The judicial approach when considering

whether the tenant is likely to cause further

ASB is a suspended order is made

• The court should consider whether cogent

evidence has been produced

Recent ASB Case Law

Stafford v Camden LBC [2012]

• Considered whether LA must serve a fresh

section 128 notice when previous notice

relied upon to issue proceedings

• Review panel suggested alternative to

possession

• CA held landlord must give unequivocal

confirmation of original decision

• Be aware of danger of giving "second

chance"

Recent ASB Case Law

Wandsworth LBC v Maggott [2013]

• ASB not found to be “in the locality” of Mr

Maggott’s home

• The landlord could not rely upon tenants’

ASB covenants which were too wide

• If the Judge was wrong – it was not

reasonable to make an order anyway!

Any questions?

?

ASB – The

Changing

Landscape

March 2013

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