A new mandatory power of possession for anti-social behaviour: consultation

Document type
Discussion paper
Corporate author(s)
Great Britain. Dept. for Communities and Local Government
Dept. for Communities and Local Government
Date of publication
1 August 2011
Housing and Homelessness, Criminal Justice Services
Social welfare
Material type

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A large majority of complaints to social landlords are resolved through informal routes. Evidence suggests that over 75 per cent of anti-social behaviour cases are resolved through early intervention without resorting to formal tools, but where anti-social behaviour persists then Government expects landlords to take more formal steps to resolve the problem. The Home Office has set out and consulted on proposals for a radically simplified and streamlined toolkit of powers for social landlords and other agencies to tackle anti-social behaviour. We expect these to be used in a proportionate way with eviction a last resort in all but the most exceptional cases. However, where landlords turn to possession as a last resort in order to provide respite to communities and as a serious sanction against perpetrators the process can take far too long.

This consultation seeks views on the detail and practicalities of a new mandatory power of possession to enable landlords to take swifter action to evict their most anti-social tenants. The Government’s intention is that the necessary legislation be introduced alongside legislative changes required following the Home Office’s recent consultation on reforming tools and powers to tackle anti-social behaviour.

The consultation is being run by the Affordable Housing Management and Standards Division within the Department for Communities and Local Government. It is aimed at those involved as front line practitioners in dealing with anti-social behaviour and the prosecution through the courts of those responsible for anti-social behaviour, as well as the public, particularly those who themselves have been victims of anti-social behaviour or have provided evidence as a witness in court cases.

The consultation period is from 3 August to 27 October 2011.

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