
Supreme Court publishes key decision for those working in the UK’s gig economy.
The Anti-Social Behaviour, Crime and Policing Bill is just finishing its way through Parliament and it is anticipated that it will come into force in the Autumn of 2014. The Bill represents the largest overhaul of the ASB tools available to social landlords in many years.
The ASBO is being abolished and there are various tidying up provisions to closure orders. Some of the biggest changes that will be implemented however are the new mandatory ground for possession and the re-styled Injunction “to Prevent Nuisance and Annoyance” (“the IPNA”).
IPNA - Practical implications of the changes
The test in relation to residential accommodation of any tenure is ‘nuisance and annoyance’. However the test generally not regarding residential property will be the old ASBO test – behaviour that has caused ‘harassment, alarm or distress’.
A landlord or the tenant subject to an IPNA can make an application to vary the Order – for example to include an additional prohibition or to attach a power of arrest – or to have it discharged. However, if such an application is made and dismissed by the Court, no further application can be made without the consent of a Judge or the agreement of the other party.
In practical terms, this consideration should form part of a risk assessment for officers considering making such an application. The strength of evidence must be assessed as well as the likelihood of witnesses giving evidence and attending Court.
The new mandatory ground for possession
Ground 7A allows for a mandatory Possession Order to be made if a tenant or a person residing in or visiting the property has been convicted of:
or has breached an IPNA or the property is subject to a closure order.
Internal Review
If as a housing association you already use Ground 8 mandatory possession ground for arrears, you can adopt the same review procedure for Ground 7A. Your policies and procedures will need to be amended accordingly. Proportionality and Public Law challenges are still frequently being raised by tenant advisors and ensuring you have a clean paper trail in relation to the decision to rely on a mandatory ground is always needed in Court. Evidencing the fact that clear policies and procedures are firstly, in place and secondly, being followed will be enormously helpful in fighting off such challenges.
You may wish to consider developing a closer working relationship with third party organisations, such as Environmental Health teams. In noise nuisance cases for example, it is almost always going to be prudent to make a referral to the Environmental Health team so that sound recordings can be taken and, potentially, a Noise Abatement Notice served. If there is subsequently a conviction for breach, this gives the landlord a mandatory ground for possession. To facilitate this, you may wish to consider offering financial support for your local authority in such prosecutions, which may be a lesser expense than using the alternative discretionary ASB possession route.
Undertakings
When currently considering an application for an injunction, landlords will often accept an undertaking from the tenant by way of settlement of proceedings, especially if a power of arrest were not going to be available in any event. However, as the Bill is presently drafted, it would appear that breach of an undertaking will not give rise to the mandatory ground for possession; there must be a breach of an IPNA. This may be an additional consideration when looking at whether to accept an undertaking in future.
It follows that breaches of IPNAs may in future be pursued by landlords even if the prospect of a custodial sentence is slim. During the committal hearing, the Judge will make a finding of fact in relation to the breach of the Injunction and this can then be relied on to prove the mandatory ground for possession.
Although proportionality challenges continue, the case law is more and more in favour of the registered provider and even if such arguments are raised, the process to obtain a mandatory Possession Order should still be significantly quicker and cheaper than a full ASB trial.
Join us for our ASB Reforms Update in June 2014, date shortly to be confirmed.
Contact our housing litigation team for further updates on the Bill and training on its new provisions in due course via 0121 212 7400.
Supreme Court publishes key decision for those working in the UK’s gig economy.
From 6 April 2021, it will be the responsibility of medium and large private sector organisations to assess whether contractors working through an intermediary come within the ambit of IR35.
The 'Chocolate Snowman Appeal' is an amazing initiative that Anthony Collins Solicitors' (ACS) employees take part in every year.
The Building Safety Bill (the Bill) is said to be the most significant and wide-ranging change to the regulatory environment for higher risk building (HRBs) for over 45 years.
On 4 November 2020, the Restriction of Public Exit Payments Regulations 2020 (the Regulations) came into force; exit payments for the public sector were capped at £95,000.
The case was brought by the Official Receiver who sought disqualification orders under section 6 of the Company Directors Disqualification Act 1986 (CDDA 1986) against the seven trustees of Kids Company and its CEO. It illustrates well the tension between the role of a fulltime paid CEO of a large charity and the role of its board as voluntary trustees/directors.
At the end of 2020, The Charity Governance Code was updated or 'refreshed' as it is termed on its website.
Anthony Collins Solicitors is today (Thursday 11 February) revealing the scale of its social impact during 2020.
In their first podcast of this series, current and future trainees will discuss their journey and route to securing a training contract at Anthony Collins Solicitors.
A recent prosecution by the Health and Safety Executive ("HSE") demonstrates the importance of organisations regularly inspecting, maintaining, and if necessary, repairing or replacing street furnitur
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.