As a contributor to Trinity Chambers’ 2025 Housing Law Conference, barrister, Jonathan Massey delivered a talk entitled:
‘Possession is Nine Tenths of the Law’ - A detailed look at Mandatory Grounds for Possession in ASB Cases
The Anti-Social Behaviour, Crime and Policing Act 2014 introduced 2 mandatory grounds for possession of dwelling-houses based upon anti-social behaviour by amending existing housing legislation:
1. Section 84A of the Housing Act 1985 (the absolute ground for possession for anti-social behaviour) – applicable to secure tenancies; and
2. Ground 7A of Schedule 2 of the Housing Act 1988 – applicable to assured tenancies.
These mandatory grounds are powerful tools for social landlords to tackle anti-social behaviour because if the grounds are made out, the Court must make an order for possession subject to any available defence based on the tenant’s Convention rights; and the Court’s extended discretion to stay, suspend or postpone possession does not apply – in other words, the Court must make an order for outright possession.
In his talk, Jonathan explains how landlords can deploy the Act when dealing with cases of persistent anti-social behaviour. His session covers the following topics:
- Procedure
- Section 84A, Ground 7A and the 5 conditions
- Condition 1 – conviction for a serious offence
- Condition 2 – breach of an anti-social behaviour injunction
- Condition 3 – breach of a criminal behaviour order
- Condition 4 – closure order
- Condition 5 – statutory nuisance offences relating to noise
- Brent LBC v Hajan [2025]
- Poplar Housing Regeneration Ltd Community Association v Kerr [2025]
- Tips for Claimants
- Tenants’ Defences
- Implications of Renters’ Rights Bill
There is a handout that accompanies the session. If you do not have a copy and would like one, please email paul@trinitychambers.co.uk.
This recorded seminar and its accompanying notes are made available for educational and information purposes only. The views expressed in it are those of the speaker. The contents do not constitute legal advice and should not be relied on as such. The speaker and Trinity Chambers accept no responsibility for the continuing accuracy of the contents. Contact Trinity Chambers if you have a specific legal query.