Tenants in council housing in Hackney convicted of certain criminal offences near their homes could be evicted by the council, without the input of a judge.
Hackney Council have adopted legislation from the Anti-social Behaviour Act which allows them to evict tenants on a conviction alone.
The Anti-social Behaviour Act was passed in 2014 but only four local authorities in London use this particular section.
National legislation
The measure is intended as a last resort where tenants have been convicted of serious offences such as violence, hate crime, and drug dealing.
The first condition for eviction is a conviction of a serious offence as defined in the Housing Act 1985.
However the legislation has four other conditions for eviction, one of which makes reference to less serious offences related to noise abatement, statutory nuisance, or causing nuisance or annoyance to the landlord.
Tenants can also be evicted for breaching an existing Criminal Behaviour Order.
The report on Hackney Council’s website.
Previously, the eviction would have been at the judge’s discretion.
Now judges are bound to accept the eviction pending an internal review at Hackney Council.
Barrtister Matondo Mukulu disagrees with the removal of the judge’s discretion: “We need a return to the situation post 2010 when the law was strengthened…. But judge’s considered the circumstances in each eviction.”
Cabinet member for housing Clayeon McKenzie was unavailable for comment.
However, a report submitted to cabinet on Monday states the measure would only be used six times a year or less. It would also reduce the council’s legal fees. But, there is no reference to a cap on its use.
The four other councils using it did not provide us with figures on its frequency.
“Last resort”
While Hackney Council maintains it will be used only as a last resort for serious convictions, the legislation does extend to other less serious offences. It remains unclear whether these parts of the legislation will be put in practice.
Submitted Article
Headline
Short Headline
Standfirst
Published Article
HeadlineHackney Council adopts unilateral power to evict convicted tenants
Short HeadlineHackney adopt unilateral convicted tenants eviction
StandfirstHackney Council has adopted the power to evict tenants convicted of a range of offences without a judge's approval
Tenants in council housing in Hackney convicted of certain criminal offences near their homes could be evicted by the council, without the input of a judge.
Hackney Council have adopted legislation from the Anti-social Behaviour Act which allows them to evict tenants on a conviction alone.
The Anti-social Behaviour Act was passed in 2014 but only four local authorities in London use this particular section.
National legislation
The measure is intended as a last resort where tenants have been convicted of serious offences such as violence, hate crime, and drug dealing.
The first condition for eviction is a conviction of a serious offence as defined in the Housing Act 1985.
However the legislation has four other conditions for eviction, one of which makes reference to less serious offences related to noise abatement, statutory nuisance, or causing nuisance or annoyance to the landlord.
Tenants can also be evicted for breaching an existing Criminal Behaviour Order.
The report on Hackney Council’s website.
Previously, the eviction would have been at the judge’s discretion.
Now judges are bound to accept the eviction pending an internal review at Hackney Council.
Barrtister Matondo Mukulu disagrees with the removal of the judge’s discretion: “We need a return to the situation post 2010 when the law was strengthened…. But judge’s considered the circumstances in each eviction.”
Cabinet member for housing Clayeon McKenzie was unavailable for comment.
However, a report submitted to cabinet on Monday states the measure would only be used six times a year or less. It would also reduce the council’s legal fees. But, there is no reference to a cap on its use.
The four other councils using it did not provide us with figures on its frequency.
“Last resort”
While Hackney Council maintains it will be used only as a last resort for serious convictions, the legislation does extend to other less serious offences. It remains unclear whether these parts of the legislation will be put in practice.
Internationally renowned for transforming her life into confessional art, the exhibition offers an intimate and unapologetic glimpse into one of Britain’s most influential contemporary artists.
As e-bike riders weave through London’s busiest junctions, red lights are increasingly treated as optional. One software engineer says the problem may be baked into how hire firms charge users
