Anti-social behaviour: New mandatory ground for possession

20th October 2014

Did you know that new legislation came into force today, which will allow a landlord of a property let on an assured tenancy to obtain possession if the tenant or a member of the tenants' household or someone visiting the property has been:

  • convicted of a serious offence;
  • found by a Court to have breached an injunction which related to anti-social conduct; or
  • has been convicted for a breach of a criminal behavioural order?

To be able to rely on the new ground, the offence of anti-social conduct must have been committed in/or in the locality of the dwelling house, affected a person with the right to live in the locality of the dwelling house, or affected the landlord or a person connected with the landlords' housing management functions.

There will be a new ground 7A inserted into schedule two of the Housing Act 1988, which will be ground will be mandatory, meaning that a Court must grant an order for the possession if the landlord can satisfy the ground, and will not be able to exercise any discretion.

This demonstrates how seriously the Government is taking forms of anti-social behaviour and may allow landlords more scope for recovering possession of properties than previously allowed under the Housing Act 1988.

For more information please contact Nyree Applegarth.


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