ASB The Changing Landscape

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Cecily Stone
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1 ASB The Changing Landscape CIH Midlands Region March 2013 Gail Sykes, Partner Tel:

2 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]

3 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

4 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?

5 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)

6 The Draft Anti-Social Behaviour Bill - mandatory possession 1. Conviction of serious offence 2. Breach of injunction 3. Breach of criminal behaviour order 4. Closure order 5. Breach of noise abatement notice

7 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

8 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

9 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

10 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

11 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)

12 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

13 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"

14 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!

15 Any questions??

ASB The Changing Landscape March 2013 Buckles Solicitors LLP Grant House 101 Bourges Boulevard Peterborough PE1 1NG Telephone: 01733 888888 Buckles Solicitors LLP 3 St Mary's Hill Stamford Lincs PE9

16 ASB The Changing Landscape March 2013 Buckles Solicitors LLP Grant House 101 Bourges Boulevard Peterborough PE1 1NG Telephone: Buckles Solicitors LLP 3 St Mary's Hill Stamford Lincs PE9 2DW Telephone: enquiries@buckles-law.co.uk Buckles Solicitors LLP is authorised and regulated by the Solicitors Regulation Authority Registered in England No OC

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