We asked our blog readers whether a conviction for supplying Class A drugs within a social rented house (antisocial behaviour) should be made a mandatory ground for evicting a tenant. 97% of those who voted were in favour. Is evicting tenants for antisocial behaviour a good thing?
In 2011, Grant Shapps, Housing Minister in the UK Government launched a consultation document; it asks whether a new mandatory power of eviction should be available not just for drugs offences but for all antisocial behaviour?
We would love to think that Mr Shapps is an avid reader of our legal blog but it is more likely that the additional publicity for this consultation is a reaction to the recent riots in England. Numerous councils have already indicated they will seek eviction orders against anyone involved in these disturbances. Wandsworth have already served the relevant pre court notices on one tenant.
In the consultation document, the Minister makes it clear that he is not seeking more evictions he is just seeking to ensure that they happen faster. The three grounds on which a mandatory eviction would be granted would be:-
- conviction for a serious housing related offence
- breach of an Antisocial Behaviour Order (ASBO)
- closure of premises under a Closure Order
The Minister in the consultation paper indicates that where "other remedies have been tried and failed and serious antisocial behaviour has already been proven" the process of obtaining eviction should not "be the start of another long process".
This proposed change would not apply in Scotland where housing is a devolved issue for Holyrood, (and we are not aware of any current proposals to make changes to Scottish Eviction Law). We have acted for many clients in connection with cases involving serious antisocial behaviour. In a large number of those cases, the antisocial behaviour is almost undeniable but the court process to obtain an ASBO is still long and tortuous. If the UK parliament is to legislate to introduce mandatory grounds for recovery of possession in antisocial behaviour cases in England, why should the same benefit not be available to landlords in Scotland?
For advice on antisocial behaviour and evicting tenants get in touch with our housing team.
