Possession—anti-social behaviour, nuisance and crime

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

  • Possession—anti-social behaviour, nuisance and crime
  • Secure tenancies
  • Ground 2
  • Other grounds
  • Breach of tenancy
  • Domestic violence: Ground 2A
  • Ground 3
  • Notice
  • Assured tenancies
  • Reasonableness and possession
  • More...

Possession—anti-social behaviour, nuisance and crime

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:

  1. proceedings for possession

  2. forfeiture of business leases on the grounds of non-payment of rent

  3. a landlord's right to exercise Commercial Rent Arrears Recovery (CRAR) and enforcement agents taking control of goods

  4. service of various notices to recover possession of residential properties

  5. practice and procedure in the First-tier Tribunal (Property Chamber) and Upper Tribunal (Lands Chamber)

  6. insolvency legislation of both a permanent and temporary nature

For further information and guidance, see: Coronavirus (COVID-19)—implications for property and Coronavirus (COVID-19)—social housing tracker [Archived].

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 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

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