This act is now partly in force and is anticipated to come into full effect in October of this year.
Among other matters, it brings about changes in relation to Anti-social Behaviour injunctions replacing the 'ASBI' with the IPNA (Injunction to Prevent Nuisance and Annoyance).
It also introduces new grounds for possession. From 13 May 2014 the grounds for possession relating to nuisance and other forms of anti-social behaviour were amended in relation to secure and assured tenancies. The amendment extends the grounds to cover conduct "causing or likely to cause a nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions".
Also from 13 May 2014, new discretionary grounds have been added in relation to assured (ground 14ZA) and secure (ground 2ZA) tenancies enabling landlords to seek possession where tenants, or adult co-residents, has been convicted of an indictable offence which took place during, and at the scene of, a riot in the United Kingdom.
There are also new mandatory grounds for possession in relation to anti-social behaviour in sections 94-97 of the Act, but these are not yet in force. We will report on these when they are.
There are implications for review procedures and policies in relation to decisions to take possession proceedings. We are offering a free training course on these issues for Registered Providers of Social Housing. If you would like to arrange this for your organisation please contact Richmond Duff.