header-logo header-logo

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

The dispossessed?

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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll