Legal action taken against anti-social behaviour by tenancy and type of legal action

Archived (English only) – No longer updated.

Actions

Chart

None

Landlord

Landlord 1

Landlord 2

Landlord 3

Year

Measure1

Legal action $Data on tenancy demolitions and tenancy extensions is available from 2007-08 onwards. Anti-social behaviour orders (ASBOs) - Under the Crime and Disorder Act 1988 the police or a local authority, or (since December 2002) a Registered Social Landlord can apply to the magistrates court for an ASBO against anyone over the age of 10. Anti-social behaviour orders include: All ASBOs actually granted, irrespective of whether the ASBO was initiated by the local authority/Registered Social Landlord or by another body, e.g. the Police; All ABSO granted against tenants of the local authority/Registered Social Landlord; All ASBOs granted against member(s) of any tenants\' household. Injunctions - These include all injunctions granted for reasons of anti-social behaviour under Sections 152 (local authorities) and 153 (local authorities and RSLs) of the Housing Act 1996. Injunctions include: All injunctions granted against tenants of the local authority/Registered Social Landlord; All injunctions granted against member(s) of any tenants\' household. Tenancy Demolition - The Anti-social Behaviour Act 2003 introduced a number of measures which relate to housing including demoted tenancies. These build upon the principle of introductory tenancies. Where introductory tenancies are only available at the beginning of a tenancy, demoted tenancies can be applied at any stage in the life of a tenancy. Unlike introductory tenancies, demoted tenancies are available to housing associations as well as local authorities. In order to create a demoted tenancy the landlord must apply for a Demolition Order. These orders reduce the security of tenure of the tenants, effectively putting the tenant \'on probation\' and under threat of easy eviction if the offending behaviour continues. Demolition orders can only be sought against Secure (landlord must be a local authority, housing action trust or Registered Social Landlord) and Assured tenants (landlord must be a Registered Social Landlord). Tenancy Extension - Introductory tenancies are offered by some local authority landlords to new tenants. If a landlord chooses to adopt an introductory tenancy scheme, it must be applied to new tenants. After the introductory period of one year, if a tenancy is deemed to have been conducted satisfactorily, it will automatically become secure. Section 179 of the Housing Act 2004 enables local authority landlords to extend an introductory tenancy by a further 6 months where the tenancy has not been conducted satisfactorily during the 12 month introductory period. This will give local authority landlords more time to assess and monitor the conduct of introductory tenants and the effects of any measures it has taken to address or curb the misconduct before considering possession action. It will also serve as a warning to the tenants as to the seriousness of the situation and to give then the opportunity to amend their conduct or run the risk of loosing their home. The \'other\' category does not include unavailable data for Wales and West Housing association in 2009-10. Other legal action includes: Acceptable behaviour contracts (ABC); Parenting orders; Section 8 or section 21 eviction notices; Legal undertakings.$

Legal action 1

Tenancy $Data on secure introductory tenancies was collected from 2007-08 onwards. Local Authority: Secure Tenancy - Section 79 of the Housing Act 1985 defines a secure tenancy as a tenancy under which a dwelling house is let as a separate dwelling when the landlord condition (s. 80) and the tenant condition (s.81) are satisfied. A local authority satisfies the landlord condition and an individual who occupies the dwelling house as his/her principle home satisfies the tenant condition. Local authority tenants are normally periodic secure tenants. Secure tenants have a high degree of security of tenure. In relation to secure tenancies there are 18 grounds for possession that fall into three categories: o Those where the court has a discretion to order possession on the grounds that it is reasonable to do so; o Those where the court may order possession where suitable alternative accommodation is available; o Those where the court may order possession where it thinks this would be reasonable and where suitable accommodation is available. Introductory Tenancy - Section 124 of the Housing Act 1996 enables local authorities to elect to grant new periodic tenants an Introductory tenancy, which will act as a sort of probationary tenancy. An introductory tenancy is similar to a short-hold tenancy in the private sector, and therefore has limited security of tenure. The local authority can ask the court for possession at any time within the first 12 months without proving any statutory grounds. If the local authority does not commence possession proceedings within the first 12 months, the tenancy will become a secure tenancy. An Introductory Tenancy can only be created in local authorities that have elected to create them, but then all (with a few technical exceptions) new tenancies created by that authority must be introductory. Local authorities can only obtain possession orders via a mandatory route for their introductory tenants. Registered Social Landlord: Secure Tenancy - Tenancies created by registered housing associations between 1980 and before the 15 January 1989 are secure tenancies for the purposes of security of tenure. However, they are also housing association tenancies and should be treated as Rent Act protected tenancies for the purpose of fair rent regulation. Assured Tenancy - Section 1 of the Housing Act 1988 defines an assured tenancy as where a dwelling house is let as a separate dwelling and the tenant is an individual who occupies the dwelling house as his/her only or principal home. From the 15 January 1989 housing associations could only grant assured tenancies. Assured tenants have a high degree of security of tenure. In relation to assured tenancies there are also 18 grounds for possession as follows: o Mandatory grounds - where the court must order possession if the landlord is able to prove the ground alleged e.g. 8 weeks rent arrears both at the date of the notice seeking possession and at the date of the hearing (Ground 8); o Discretionary grounds - where the court may only order possession where it is reasonable to do so e.g. persistent delay in paying rent. Assured Shorthold Tenancy - These are a type of assured tenancy, but have a more limited security of tenure (outside any agreed contractual period). From 28 February 1997 they are the default tenancy for the private rented sector, and all new private sector tenancies created after this date will be assured shorthold tenancies, unless the landlord decides to opt into the assured tenancy. Most social landlords (i.e. housing associations) have followed this course of action and grant assured tenancies. In relation to possession proceedings the landlord is able to obtain possession, after serving the appropriate notice, at the end of the contractual period or after six months from commencement of the tenancy. Enhanced assured tenancy - This is the type of tenancy offered to transferring tenants if a transfer of council stock to an RSL goes ahead. It includes most of the rights that Council tenants have with their Council tenancy and sometimes increases some of the rights. Enhanced assured tenancies should be recorded under \'Assured\'. The \'other\' tenancy type category may include licenses, replacement assured tenancy and \'use and occupation\'.$

Tenancy 1

Total

Total

ASBOs

Injunctions

Tenancy Demotions

Tenancy Extensions

Other

Total

134

260

Total

Secure

Secure: introductory Not applicable for RSLs.

Assured

133

Assured Shorthold: Ordinary Not applicable for local authorities.

Assured Shorthold: Starter / Introductory Not applicable for local authorities.

Other

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HOUS1705: Legal action taken against Anti-social behaviour

Statistical Directorate, Welsh Government

Last update: 16th December 2011
Was added to StatsWales: 16th December 2011
Next Update: No longer updated.
Will be added to StatsWales: None planned, data collection ended with 2010-11
Source: Possessions and Evictions Data Collection, Welsh Government
Contact: stats.housing@wales.gsi.gov.uk

The information presented here covers possession orders and eviction warrants obtained against tenants of social landlords (local authorities and Registered Social Landlords (RSLs)) in Wales.

The information is collected to establish the number of possession orders and eviction warrants obtained by social landlords across Wales and the number of tenants who are forced to leave their home as a result. The information is used in order to monitor trends over time in the level and types of legal action taken by social landlords against their tenants as well as the reasons for the action.

Possession orders can be granted by the courts following a judicial hearing. Eviction warrants can only be applied for once a possession order has been granted but parties can still negotiate a compromise to prevent eviction.

For further information, please see <a href= http://wales.gov.uk/topics/statistics/headlines/housing2011/111207/?lang=en target=_blank> Statistical Release: Social Landlords Possession and Evictions, 2010-11, </a>

Housing, Possessions, Evictions, Tenancy, Legal action, Anti-social behaviour

Name

HOUS1705