- In brief: Extensions of time to challenge ASB mandatory ground for possession (Harris v Mayor and Burgesses of the London Borough of Hounslow)
- What are the practical implications of this case?
- What was this case about?
- What did the court decide?
- Case details
Local Government analysis: Alexander Campbell, barrister at Arden Chambers, considers the case Harris v Mayor and Burgesses of the London Borough of Hounslow. The Court of Appeal was called on to consider the new mandatory ground for possession in anti-social behaviour (ASB) cases which was introduced by the Anti-Social Behaviour, Crime and Policing Act 2014.(ABCPA 2014) The statute gives a local authority tenant a statutory right to request a review of the local authority’s decision to serve a notice of seeking possession but the request must be made within seven days of the notice being served. The court had to rule on whether, if a tenant requests a review outside that statutory timescale, the local authority can be compelled to extend the timescale. The court ruled that an authority cannot be compelled to waive a statutory timescale in cases involving the public interest or third party rights. The court further ruled that if an authority has the power to choose to waive the timescale, it would need to have a good reason to do so.
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