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

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll