Housing Law Legal Update

Transcription

1 Housing Law Legal Update

2 Legal Update Housing Management Possession ASB Squatters

3 Housing Management

4 Allen v Southwark LBC Five claims for possession All claims dismissed A claimed harassment Court of Appeal decided arguable case At Trial claim dismissed

5 Chesterfield BC v Bailey Mrs Bailey sole tenant Agreed to move property Told had to be joint tenant on new property Not advised of consequences of accepting joint tenancy Marriage broke down Mr Bailey served NTQ Possession commenced

6 Beedles v Guinness Northern Counties Ltd B sought declaration that GNC obliged to redecorate B epilepsy, seizures weekly B felt unable to decorate house C of A considered enjoy means to exercise a right and derive full benefit from it

7 Possession

8 Barnsley MBC v Norton N appealed against decision granting the LA possession Resided at property in connection with employment of caretaker Employed ended due to alleged misconduct Daughter had cerebral palsy and epilepsy and disabled under DDA Not disputed that LA entitled to possession but public law challenge against decision to issue possession proceedings Held even where there was a failure to take account of relevant matters, if the decision would be the same the PO would not be set aside departure from traditional JR approach

9 Corby BC v Scott West Kent HA v Maycroft Claims for possession mandatory ground Article 8 Defences Only in very highly exceptional circumstances Neither case met this threshold

10 Riverside Group Ltd v Thomas Accelerated procedure Article 8 Defence ASBI obtain prior to Trial Did not meet high threshold

11 Brent LBC v Evans Tenant died Daughter claimed succession Council decided daughter did not meet succession conditions Discretionary tenancy not offered Possession issued Defended on grounds 1. She did meet 12 months qualifying condition 2. Decision not to grant discretionary tenancy challenged 3. Article 8 Possession Order granted Appeal refused on points 2 and 3

12 Viridian Housing v O Connell Possession grounds 8, 10, 11 and 12 Not disputed ground 8 made out O C suffered from depression At 1 st hearing adjournment sought and Equality Act defence raised No evidence to support EA defence Possession Order made Appeal dismissed

13 Wickland (Holdings) Ltd v Telchadder T owned caravan Term of caravan park not to engage in ASB T dressed in camo-gear wondering the woods and caravan park T also threatening and intimidating other residents Notice served T defence, he suffered from mild autism which cause him to lose control Judge find Tenant disabled but reasonable to make order

14 ASB

15 Birmingham CC v Harrison Possession ground 1 and 2 Accept guilty of N & A and reasonable to make order H made submissions that Possession Order should be postponed Submissions rejected and outright Order made Permission to appeal refused

16 Popular Housing & Regeneration Community Association Ltd v Byrne Closure Order and ASBI Possession sought under ground 12 and 14 Defendants failed to comply with directions Defendants debarred from defending and outright Order made Appeal dismissed

17 Wolverhampton CC v Shuttleworth Introductory tenancy Report of ASB and so council served notice of extension ASB continued and decision taken to terminate tenancy Notice of proceedings served together with a form titled Request for Review Form not completed by S Possession issued and successfully defended Appeal overturned decision

18 Birmingham v Aston A convicted of 4 separate criminal offences at property Possession issued A conceded at trial grounds made out Court Suspended order Court of Appeal held trial Judge taken wrong approach

19 ASB Proposals Existing System Proposals ASBO on conviction DBO on conviction ASBO Interim ASBO ASB Injunction Individual Support Order Intervention Order DBO on application Criminal Behaviour Order intended to replace ASBOs and available on conviction for any offence and use for both prohibitions and requirements to stop future behaviour likely to lead to further anti-social behaviour or criminal offence and include addressing underlying causes such as drug/alcohol treatment. Prosecutor must consult (YOT, Ldld etc) before requesting it. Duration min 1 year for minor, min 2 yr for 18 yr+. Police and LA only. Originally proposed as Criminal Prevention Injunction now to be called injunctions to prevent nuisance and annoyance a purely Civil Order. It would have prohibitions and support attached and range of civil sanctions for breach. For minors, must consult with YOT it will be at Youth Court and sanctions such as curfews/supervision/detention could be given. Test = person has engaged in conduct capable of causing nuisance or annoyance and it is just and convenient to do so, but must affect housing management function.

20 ASB Proposals Existing System Proposals Crack House Closure Premises Closure Brothel Closure Designated Public Place Order Dog control Originally called Community Protection Order (Level 2) now called Community Protection Notice a local authority or Police power to restrict use of a place or apply to Court for closure linked with persistent anti-social behaviour.

21 ASB Proposal Existing System Proposals Litter clearing notice Graffiti defacement removal notice Community Protection Order (Level 1) now called Community Protection Notice a notice issued to stop persistent anti-social behaviour affecting quality of life in neighbourhood. Breach without reasonable excuse would be a criminal offence; fixed penalty notice or prison. Statutory nuisance notices will not be affected and still available (eg; Environmental Protection Act 1990)

22 ASB Proposal Existing System Direction to leave Dispersal Order Proposals Dealt with under part 3 of the Bill Dispersal powers power to direct people likely to cause or causing crime or disorder away from a particular place / and confiscate items. Community trigger a new duty on statutory members of a community safety partnership (includes Police and Local Authorities) to take action. The trigger is where one person reports an incident 3 times or, where individuals from 5 separate households have complained. Mandatory Ground for Possession extend grounds 2 (Secure Tenants) and 14 (Assured Tenants) so that where a member of a household has been convicted of violence to Property/person/theft linked to violent disorder, then a mandatory power can be used. There is no proposal to confine this to the locality.

23 Squatters

24 Squatters Legal Aid, sentencing and punishment of Offenders Act 2012 Section 144 a person commits an offence if: 1. The person is in a residential building, as a trespasser, having entered it as a trespasser 2. The person knows or ought to have known that he or she is a trespasser; and 3. The person is living in the building or intends to live there for any period

25 Whiteheads Solicitors Ltd Tel: Fax: / info@whiteheadsols.co.uk training@whiteheadsols.co.uk