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Eviction of tenants by local authorities

Posted by: admin    Tags:      Posted date:  December 14, 2011

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There is a proposal to amend the Housing Acts 1985 to include a power for the court to grant possession in cases where the tenant (or member of the household) has been convicted of violence against property, persons or theft linked to a violent disorder. This proposal does not contain requirement that such convictions relate to the locality of the property as the grounds currently drafted do.

The current law available to social landlords to control anti-social behaviour so far include:
- Proceedings for the breach of terms and conditions of a secure and assured tenancy;
- Proceedings for conduct causing or likely to cause nuisance or annoyance or conduct leading to conviction of a secure or assured tenant;
- Claim for a demolition order;
- Proceedings for termination of an introductory tenancy, a non-secure tenancy and a demoted tenancy;
- Proceedings for termination of an assure d short hold tenancy.

In addition, social landlords can apply for anti-social behaviour injunctions and orders. Of the different types of possession proceedings available, all are capable of being pursued on a mandatory basis. Before deciding to grant an order for possession, the court must be satisfied in all the circumstances that it is reasonable to grant an order for possession.