Possession—anti-social behaviour, nuisance and crime
Possession—anti-social behaviour, nuisance and crime

The following Local Government guidance note provides comprehensive and up to date legal information covering:

  • Possession—anti-social behaviour, nuisance and crime
  • Secure tenancies
  • Assured tenancies
  • Reasonableness and possession
  • New grounds under The Anti-Social Behaviour, Crime and Policing Act 2014
  • Mandatory ground for possession

The remedies open to social landlords to combat nuisance tenants or those involved with crime have gradually been extended by a series of reforms since the 1985 and 1988 Housing Acts were originally passed. Powers include various forms of injunction and anti-social behaviour order, these powers are streamlined under the Anti-Social Behaviour, Crime and Policing Act 2014 (ABCPA 2014).

For more information on these wider powers to control behaviour and close premises, see Practice Notes: Anti-social behaviour—powers to control behaviour under the Anti-social Behaviour, Crime and Policing Act 2014 and Anti-social behaviour—powers to close premises under the Anti-social Behaviour, Crime and Policing Act 2014.

The most conventional form of remedy for a landlord though remains the threat of possession and eviction. The grounds open to landlords to pursue possession have also been strengthened and have undergone further reform under ABCPA 2014 with the introduction of a mandatory form of possession claim. This Practice Note covers possession remedies available to landlords against assured and secure tenants. Other possession remedies are open where the tenant occupies under Introductory, Starter (assured shorthold), Demoted, or Family Intervention tenancies.

Secure tenancies

Possession of a secure tenancy can only be sought where one of the statutory grounds has been met. The traditional grounds were all discretionary requiring both the ground to be met and for it to be