Social Housing Speed Read – Ground 2 of the Housing Act
16th August, 2024
In the wake of the serious rioting seen throughout the country in recent weeks it is timely to remind ourselves of it's relevance to the social housing world.
The recent destructive behaviour which has taken over the news cycle has been described by Sir Keir Starmer as ‘thuggery’. Initially arising following a vigil held for the devastating murder of three children in Southport, it spread to seriously riotous behaviour including the arson of a Holiday Inn Express in Tamworth and destruction of a Mosque. The violence has been described as the worst seen since the August 2011 riots.
As the suspects continue to appear in court and the arrest count hits 1,000, it is pertinent to make clients aware of Ground 2 of the Housing Act. The riot specific clauses were introduced following the 2011 riots and seen as a knee-jerk reaction which would likely fail on proportionality. However, the racially motivated tone of the current riots make the rioting even more abhorrent and may provide a reason to seek eviction.
The Law
Ground 2 Schedule 14 is as follows:
‘The tenant or a person residing in or visiting the dwelling-house—
- Has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, or
- Has been convicted of:
- Using the dwelling-house or allowing it to be used for immoral or illegal purposes, or
- An indictable offence committed in, or in the locality of, the dwelling-house.’
The aforementioned are both discretionary grounds, so a judge must consider it reasonable to make the order. Additionally, an order granted can be made postponed or suspended.
The statute, since May 2014, specifically refers to riotous behaviour. The exact statute depends on secure or assured tenancies, Ground 2ZA of the Housing Act 1988 for the former and 14ZA of the Housing Act 1985 for the latter.
‘The tenant or an adult residing in the dwelling-house has been convicted of an indictable offence which took place during, and at the scene of, a riot in the United Kingdom.’
In essence, the law allows social housing providers to seek possession orders and remove tenants from social housing if they are convicted for riot related behaviour, no matter the location; even where the rioter travelled away from their locality.
Prior case law
The August 2011 riots have been consistently referenced in the reports of the current anti social behaviour. Many local authorities at the time threatened use of this legislation against tenants who were found guilty of relevant conduct. One case, where the tenant’s son was found guilty of an offence, was ultimately abandoned after public backlash.
There is only one recordable offence of a tenant, who was found guilty of a relevant offence, being evicted from social housing. However, the local authority Wandsworth Council say the circumstances were ‘pure coincidence’. The tenant was evicted for £6,000 rent arrears, not on the grounds aforementioned.
More commonplace is housing providers applying for notice to repossess, which are likely to be granted if the tenant is ultimately convicted as per the relevant legislation. This can be used as a powerful warning against further anti-social behaviour.
Summary
It seems this method has yet to be tested in the Courts. When discussed in 2011, it faced criticism as gimmickry. Riots are, thankfully, infrequent and questions remain in respect of how relevant participation in a riot is to access to social housing. Where convictions are handed down, is it just to also lose one’s home? It is worth noting, that the hate crime/racist element exhibited in the current riots, could underpin the credibility of using the powers of eviction on these grounds today.
If you would like more information about this case or any other assistance relating to Social Housing, please do get in touch with John Murray or another member of our Expert team.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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