header-logo header-logo

The dispossessed?

02 September 2011 / Jon Holbrook
Issue: 7479 / Categories: Opinion , Housing
printer mail-detail

Jon Holbrook assesses the ability of councils to bring possession proceedings against tenants involved in the recent riots

In the wake of the riots that swept through several cities in August, the Prime Minister stated that people who “loot and pillage their own community” should be evicted from council houses. A number of authorities, including Wandsworth, Westminster, Greenwich, Hammersmith and Fulham, Nottingham and Salford have either served eviction notices or said they will consider serving them in an attempt to evict those involved in the riots.

The desirability of the proposal has provoked much comment but this article considers the legal issues that are most likely to arise when possession proceedings are brought against council tenants who either rioted or who live with family members who did. Although concerned primarily with council tenancies, similar issues would arise for housing associations and private landlords as the legislation is materially the same under the Housing Acts 1985 and 1988.

Locality

Since it was introduced by the Housing Act 1996 (HA 1996), local authority landlords have been

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll