The New RegimeFROM £59.00
A practical handbook for all professionals involved in dealing with anti-social behaviour
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The 2014 Act makes the following significant changes to available powers and sanctions for anti-social behaviour, including:
- Civil Injunctions replace Anti-social Behaviour orders (ASBOs). These can be made on the lower civil standard ‘on the balance of probabilities’, but breach of the new injunction will no longer be a criminal offence.
- Community protection notice – available for over 16s, breach of which is a criminal offence or fixed penalty notice.
- Criminal Behaviour Orders replace Post-Conviction Orders (CRASBOs).
- Public spaces and property – a range of new powers including powers to disperse people from specified locality for up to 48 hours; Public spaces protection order, and Closure Notice.
- Housing possession – a new controversial ground for mandatory possession for secured/assured tenancies where ASB has been proven by another court.
This work provides analysis of the legal framework in which new powers will operate, as well as practical know-how on all aspects of dealing with anti-social behaviour, from formulating protocols and creating multi-agency working groups to preparing and presenting the case in court, and dealing with breaches.
In addition to the explanatory commentary numerous practical materials such as draft applications, orders and notices are included, together with the new Home Office Guidance and the relevant statutory provisions as amended.
- Anti-social behaviour in the community
- The problem-solving group and consultation
- Community trigger/community remedy
- Applications for Civil Injunctions
- Criminal Behaviour Orders
- First court appearance
- Main application
- Terms and duration of order
- Post order procedure
- Young people
- Drinking Banning Orders
- Dispersal power
- Community protection
- Public spaces
- Closure power
"offers a detailed practical analysis on the new legal framework ... a highly competent and very helpful guide for all on the new legislation ..."The Clapham Omnibus
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Read the full review
Reviews of earlier editions
"the real strength of the book lies in the wealth of practical materials such as draft applications, orders and notices, together with the latest Home Office Guidance and the relevant statutory provisions ... essential ... for all those involved in the field"New Law Journal
"concise, as well as comprehensive, the bulletin is highly readable, well structured and indexed ... it contains a wealth of practical insights that will be of interest and value to applicants and defendants alike"ROOF
NEW GROUNDS FOR POSSESSION OF A
13.01 Part 5 of the 2014 Act introduces additional grounds for a landlord to recover
possession of a property where anti-social behaviour is alleged. The most significant
amendment to the existing legislation is a new mandatory or absolute ground for
possession for certain cases of anti-social behaviour or criminality. The Act also makes
amendments to the discretionary grounds for possession, which previously existed under
the Housing Act 1985 and the Housing Act 1988. The Home Office Guidance explains
the amendments on the basis that ‘the existing process for evicting anti-social tenants is
often very lengthy and expensive for landlords and the courts, and most importantly,
prolongs the suffering of victims, witnesses and the community’.
NEW ABSOLUTE GROUNDS FOR POSSESSION
13.02 Sections 94–97 of the Act introduce new absolute grounds of possession for both
secure and assured tenancies. In relation to a secure tenancy the Act makes amendments
to s 84 of the Housing Act 1985 by introducing s 84A. With regard to an assured tenancy
the Act makes amendments to Part 1 of Sch 2 to the Housing Act 1988 by introducing a
Ground 7A. The ground is open to both social and private landlords. However the
Guidance anticipates private landlords continuing to use s 21 of the Housing Act 1988 to
obtain possession, when a ‘no fault ground can be used at the end of the fixed term of
tenancy’. The Guidance envisages these grounds will be reserved for the most serious
cases and not used as a matter of routine.
13.03 In order to secure an absolute ground for possession the landlord will need to have
fulfilled certain notice requirements and, where relevant, review procedures followed (see
below) and meet at least one of the following five conditions:
• Condition 1: the tenant, a member of the tenants household, or a person visiting the
property has been convicted of a serious offence; or
• Condition 2: the tenant, a member of the tenants household or a person visiting had
been found by a court to have breached an injunction to prevent nuisance and
annoyance obtained under s 1 of the Act; or
• Condition 3: the tenant, a member of the tenants household or a person visiting the
property has been convicted of breach of a criminal behaviour order obtained under
s 30 of the Act; or
• Condition 4: the tenants property has been closed for more than 48 hours by way of
a Closure Order pursuant to s 80 of the Act; or
• Condition 5: the tenant, a member of the tenant’s household or a person visiting the
property has been convicted of a breach of an abatement notice served pursuant to
the Environmental Protection Act 1990. (The nuisance concerned being noise emitted
from the dwelling, rather than some other environmental issue.)
13.04 ‘Serious offence’ is defined by way of s 84A(9) of the Housing Act 1985 as meaning
an offence which was committed on or after the day which this sub-section of the Act
came in to force (20 October 2014) and is specified or falls within a description specified
in Sch 2A of the Housing Act 1985. The list of offences within the schedule includes a
wide range of offences from the most serious (such as murder, kidnap, etc) to lesser
offences (such as assault with intent to resist arrest and having an article with a blade or
point in a public place).
13.05 Conditions 1–3 listed above may also require an element of locality. However
Conditions 1, 2 and 3 can be committed elsewhere if the breach involves a person who
lives or has a right to live in the locality or if it involves the landlord or the landlord’s
employees or a person performing a housing management function on behalf of the
landlord. It is of note that Conditions 4 and 5 specifically relate to the property let in any
event. The conditions are not satisfied if an appeal is pending or an appeal has overturned
a conviction, finding or order.
13.06 In respect of Condition 1, namely the serious offence, this does not need to be
committed wholly in the locality of the dwelling house. The Act provides for it to have
been committed ‘wholly or partly’. As with the existing Housing Acts the word locality is
not defined. It is deemed not to require to a specific definition as it is a matter of common
sense as to when an offence took place within the ‘locality’. It is a question of fact and
degree, based on the evidence – see Manchester City Council v Lawler.1
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