Possession Proceedings against Rioters

The Housing Department at Hanne & Co has considerable experience in representing tenants in possession proceedings. Following the recent riots a number of local authorities have indicated that they will seek to evict people convicted of riot related offences. 

Where a tenant of a local authority or a person residing or visiting that property has been found guilty of conduct causing or likely to cause a nuisance or annoyance or has been convicted of an offence in the locality of the property, then a possession order can be made by the County Court. When deciding whether or not grounds for possession have been made out the County Court would need to determine whether or not the conduct in question is likely to have caused a nuisance or annoyance or whether an offence has been committed. The conduct or offence has to be in the locality.

The fact that the rioter is not the tenant does not prevent the local authority from bringing possession proceedings. So long as that rioter is either residing with or visiting a tenant the local authority can take possession proceedings against that tenant regardless of whether the tenant knew what that person was doing.

Whilst there are various defences that can be raised in possession proceedings, given the effect on communities of the rioting, Judges are likely to consider any possession cases being brought based on these offences as being very serious. This means that it is more than possible that parents of a child who is convicted of such an offence carried out locally to where they live could face eviction even if they were unaware that their child was committing an offence.

If you are a council tenant and your local authority is bringing possession proceedings against you the Housing Solicitors at Hanne & Co are available to assist you. We are one of the few law firms in South London with a contract from the Legal Services Commission in the category of housing and we can offer public funding (previously known as Legal Aid) to clients who are eligible. We also offer competitive private rates. Contact us for confidential advice and assistance on 0207228 0017 or email info@hanne.co.uk