On 20th October the new Anti-social behaviour, Crime and Policing Act (ABCPA) 2014 comes into force in England, meaning that certain types of anti-social behaviour will be a new mandatory ground for recovery of possession of a property let on an assured tenancy. Brady Solicitors’ Lydia Anderson explains…
Some of the grounds for obtaining possession of a property are already mandatory under the Housing Act 1988, so if the landlord can demonstrate the ground, the court must grant an order for possession. The new Ground 7A of the ABCPA 2014 sets out five conditions, and if any one of these is met, the court must grant possession.
Condition 1, 2 or 3
Condition 1,2 or 3 is met if the tenant, a member of the tenant’s household or a person visiting the property has been:
- convicted of a serious offence, committed on or after 20th October 2014
- found to have breached an injunction under ABCPA 2014
- convicted for breach of a criminal behaviour order under ABCPA 2014
The offence or anti-social behaviour must have been committed in, or in the locality of, the property; affected a person with the right to live in the locality; or affected the landlord or managing agent.
Condition 4 will be met if the tenant’s property has been ‘closed’ for at least 48 hours as a result of anti -social behaviour in or near the property.
Condition 5 is met if the tenant, a member of the tenant’s household or a person visiting the property has been convicted for breach of a notice or order to abate noise at the property, providing the offence was committed on or after 20th October 2014.
The notice requirements for possession have also been modified to take account of Ground 7A. These time limits for serving notice vary depending on which of the above conditions the landlord is relying on.
Does the Anti- Social Behaviour, Crime and Policing Act 2014 affect you?
If you are a landlord and wondering whether this new Act could help you gain possession of a property affected by anti-social behaviour or would like to chat about dealing with problem tenants, call Brady Solicitors on 0115 985 3450 or drop us an email.