header-logo header-logo

Anti-social behaviour: Nuisance value

28 May 2021 / David Renton
Issue: 7934 / Categories: Features , Housing , Criminal
printer mail-detail
49978
David Renton on the growing trend of using criminal courts to obtain orders against tenants accused of anti-social behaviour

Since 2014, landlords have had the power to evict tenants, in principle with no defence, where they have been subject to a ‘closure order’ (an order closing premises in which nuisance or disorder have occurred), or where the tenants have breached a ‘criminal behaviour order’ (the successor to the previous, better known, ‘ASBOs’). As a housing lawyer, I find myself appearing increasingly in the magistrates’ courts, before decision-makers who rarely have much understanding of the conditions you often find in social housing, let alone sympathy for tenants.

In my second week as a barrister, I represented three young men accused of anti-social behaviour. They were accused of smoking cannabis. The police repeatedly stopped them, but nothing was found. In the absence of any charges or convictions, the police applied for orders to exclude the youths from their homes. I acted for the skinniest defendant, Atik. 16 years old, the repeated searches of

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

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
The ex-wife of a Russian billionaire has won her bid to bring her financial relief claim in London, in a unanimous Court of Appeal decision
back-to-top-scroll