A new ground for the eviction of anti-social tenants became law last week.

However, significant doubts have been cast as to how much, if at all, it will be used in the private rented sector.

Section 97 of the Anti-Social Behaviour Crime and Policing Act 2014, creates a new mandatory ground 7A for possession in the Housing Act 1988.

This provides that the court must give possession of a dwelling if one of five conditions is met.

1. The tenant, a member of the tenant’s household or a person visiting the property has been convicted of a serious offence and the offence took place in or near the property; or elsewhere, but against a tenant/ occupier of the property; or against the landlord or agent; or
2. The tenant, a member of the tenant’s household or a person visiting the property has been found by a court to have breached a new injunction introduced by the Act to prevent nuisance and annoyance; or
3. The tenant, a member of the tenant’s household or a person visiting the property has been convicted of a breach of a criminal behaviour order, and that breach was in or near the property, or was committed elsewhere and likely to cause harassment to a tenant/occupier or a landlord/ agent; or
4. The tenant’s property has been closed under a closure order obtained under the Act, and the total period of closure was more than 48 hours; or
5. The tenant is in breach of a notice or order to abate noise in relation to the tenant’s property under the Environmental Protection Act 1990.

Some lawyers doubt whether this ground will be used very much in the private rented sector. Indeed, some say that it is chiefly aimed at secure tenancies and that these are typically in the local authority and housing association sector.

The Department of Communities and Local Government, when it confirmed the intention to introduce the new ground, suggested it was doubtful that private landlords would embrace the new powers.

Richard Jones, solicitor for the Residential Landlords Association, said the new ground would be “barely used” in the private rented sector.

However, David Cox, managing director of ARLA, said of the new ground: “It is actually quite useful for selective licensing areas as landlords are required to act on anti-social behaviour under licensing conditions, but the existing discretionary ground is one of the most difficult grounds for landlords to use when regaining possession.

“This is therefore a welcome step as it provides much greater clarity on what anti-social behaviour actually is and when the ground can be used.”

David Smith, of Anthony Gold, says that the new ground can be used in the private sector, but told Eye: “There needs to be a conviction for a relevant offence, so its utility is limited.”

Housing minister Brandon Lewis, emphasised that this is a “fast track” procedure for getting rid of problem tenants, but in his statement specifically mentioned only the social housing sector.

He said: “No one deserves to feel intimidated or unsafe in their own community, yet lengthy court proceedings have left nightmare tenants free to cause misery for their neighbours for years.

“The new powers mean landlords can take swifter action to evict any tenant convicted of persistent or serious anti-social behaviour, bringing faster relief to victims and witnesses.

“It will mean law-abiding social tenants will be able to live in peace, while anyone found guilty of serious anti-social behaviour cannot benefit from the valuable support that social housing can offer.”

The full ground is here

There are also several good explanations and commentaries to be found online, including this