The beginning of “riot related” evictions?
In response to the recent wave of violence and public disturbances across the UK, riot related convictions are quickly rising with at least 275 people having already been charged with offences related to violent disorder at the time of writing. Of those who have already been sentenced, most have been given an immediate prison sentence with an average length of just over two years.
So, what does this mean for landlords whose tenants may be given a lengthy prison sentence for a riot related offence?
Ground 14ZA
Following the outbreak of widespread violence and rioting in 2011, the Anti-Social Behaviour, Crime and Policing Act 2014 inserted a new ground into Schedule 2 of the Housing Act 1988 – Ground 14ZA.
Ground 14ZA allows a landlord to serve notice seeking possession of their property, where:
- The tenant, or an adult residing in the property;
- Has been convicted of a serious offence;
- Which took place during, and at the scene of, a riot in the United Kingdom.
“Riot” is defined by Section 1 of the Public Order Act 1986 as:
Where 12 or more people who are present together use or threaten unlawful violence for a common purpose, and the conduct of them (taken together) would cause a person of reasonable firmness at the scene to fear for their personal safety.
Whilst this would ordinarily be a high threshold to prove, the recent surge of violent disorder convictions arising out of the widespread rioting are likely to meet the criteria. Possibly for the first time since the 2011 riots.
However, it is important to note that Ground 14ZA is a discretionary ground, which means that even if the ground is made out, the Judge must consider whether it is reasonable to make a possession order. Obtaining a possession order cannot therefore be guaranteed and will depend on all of the circumstances.
Summary
If you are concerned that your tenant may have been involved with the recent rioting and wish to discuss how this may affect you, please do not hesitate to get in touch with on of our Landlord and Tenant specialists who will be happy to assist.
For more information or advice on this or any other Landlord and Tenant disputes, please call our Dispute Resolution Department on 0800 118 1500 or read more by clicking here.
DISCLAIMER: the contents of this blog or any other published by Talbots law cannot be considered as legal advice and should therefore not be acted on without prior consultation with a qualified solicitor or legal professional.