Ian Ormondroyd discusses Grant Shapps' proposals for ASBO reform, that would introduce a new 'mandatory ground' for possession, so any tenant convicted of serious anti-social behaviour can be evicted much more quickly.  This article originally appeared in 24dash.com

Government measures announced this week to combat anti-social behaviour will involve a new mandatory ground for possession. It seems that this will be a new improved ground 14 - the “nuisance” ground which includes a conviction for an indictable offence. Ground 14 is currently a discretionary ground; under the new super-ground, if there is a conviction for “housing-related anti-social behaviour”, then the landlord will be able to serve notice and a possession order will be mandatory.

Critics have commented that this will simply move problem tenants elsewhere, and that the measure is a “blunt tool” for dealing with a complicated problem. This tough talk from the government may be a popular measure and may divert attention from the cuts that are being applied across the board, but it will be met with cynicism from social landlords.

Firstly, the landlord will presumably be reliant on the police becoming involved, prosecuting, and securing a conviction that can be used. Social landlords often feel that anti-social behaviour is left to them to deal with and the police do not do enough, and with stretched police budgets there will be a fear that the chances of convictions being obtained for anti-social behaviour will be reduced.

Secondly, if a conviction is obtained and the landlord seeks possession, just how mandatory will the new ground be? It sounds a little like the demoted tenancy regime that was introduced in 2004, where a tenant can be demoted for anti-social behaviour, and is then in a position where the landlord can obtain a mandatory possession order by serving the appropriate notice. However in Manchester v Pinnock in November 2010, the Supreme Court held that the court can consider the proportionality of making a “mandatory”

possession order. It must follow that the court will be able to refuse possession.

It appears that the fast-track possession route may be a useful tool only in the most extreme cases of anti-social behaviour.

For further information contact Ian Ormondroyd at ian.ormondroyd@cobbetts.com