Ongoing civil unrest in the United Kingdom – what action can RPs take?

Kirsty Varley, Jenna Tym and Rebecca Webster set out the options available to Registered Providers and Local Authorities who find themselves housing the perpetrators of the rioting that has gripped the UK in the last fortnight

Introduction

Following the unthinkable tragedy that hit Southport on 29th July 2024, disturbing and abhorrent images of rioting across the UK have dominated the news headlines ever since.

With suggestions that Magistrates Courts may need to open 24-hours a day to process cases involving those who have participated in riots across the country, it is clear that a no-nonsense approach will be taken to anyone involved in these offences.

For example, on 8th August 2024, two offenders were sentenced in Liverpool Crown Court to a term of imprisonment of 32 months for taking parts in the riots – setting a precedent for future sentences passed for those engaged in rioting, and a strong and clear warning to anyone planning on engaging in riots moving forward.

Whilst the majority of legal action against these individuals will be undertaken by the Police and Crown Prosecution Service, it is important that social housing providers are aware of the actions that they can take against those who live in or frequently visit their properties and choose to participate in such hateful and destructive acts.

The legislation

From claims for possession to injunction applications, there are different avenues that Registered Providers and Local Authorities can take against those who engage in riots and acts of public disorder.

Possession Claims – discretionary Grounds

Depending on the circumstances of a particular case, possession action can be taken against tenants on discretionary or mandatory Grounds.

Section 99 of the Anti-social Crime and Policing Act 2014 introduced specific discretionary Grounds for possession which can be used by Registered Providers and Local Authorities in circumstances where a tenant or occupier has been convicted of an offence which took place during, and at the scene of, a riot in the UK.

For Registered Providers, this is Ground 14ZA of the Housing Act 1988

For Local Authorities, this is Ground 2ZA of the Housing Act 1985.

Interestingly – for this Ground to be made out, the offence (and therefore the riot) can take place anywhere in the UK and is therefore not confined to the ‘locality’ of the property itself.  This is of particular assistance to housing providers as more often than not, the riot will take place in city centres, rather than on a tenant’s front doorstep.

However, for these Grounds to be made out, there are a number of conditions that need to be satisfied.

These are:

-          The individual concerned must be a tenant or occupier of your property (therefore the Ground(s) would not be satisfied if the individual was a visitor)

-          The property must be located in England

-          The individual has to be an adult (ie over the age of 18)

-          The individual has to be convicted of an ‘indictable offence’ which will not include an offence that is only triable summarily by virtue of Section 22 of the Magistrates Court Act 1980 (where an ‘either way’ offence is committed but the value involved is small).[1]

-          The offence took place during, and at the scene of, a riot in the UK.

-          The word ‘riot’ is to be construed as being ‘[w]here 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using unlawful violence for the common purpose is guilty of riot.’[2]

In circumstances where the conditions of the relevant Ground are satisfied, not only will a tenant or occupier of your property face being prosecuted by the criminal courts – upon conviction of an indictable offence, your organisation could then use these specialist Grounds for possession to evict them, as well as their families – regardless of where the offence took place, thereby demonstrating the significant and far ranging impact for those who choose to engage in this type of behaviour.

However – as these Grounds are discretionary, the Court will have to find that it is reasonable to make a possession order.  The Courts would then decide whether to make an outright, or suspended order for possession.

In addition to the ‘riot’ Grounds mentioned above, it is important to be aware that, if the behaviour was to take place in the locality of your property and was perpetrated by a tenant, household member, visitor even if under the age of 18, and that behaviour caused nuisance and annoyance (whether or not an indictable offence was committed), discretionary Ground 14 of the Housing Act 1988 or Ground 2 of the Housing Act 1985 would be available to Registered Providers or Local Authorities, respectively.

Possession Claims – mandatory  Grounds

In addition to the discretionary Grounds mentioned above, there are mandatory Grounds for possession available to Registered Providers or Local Authorities.

For Registered Providers – this would be Ground 7A of the Housing Act 1988.

For Local Authorities – this would be Section 84A to the Housing Act 1985.

In order to establish a mandatory Ground for possession, you must be able to prove that at least one of the five ‘Conditions’ under Ground 7A or Section 84A are made out.

When looking at taking action against tenants engaging in riots specifically, the applicable Condition would be Condition 1.  The wording of this Condition is the same for both Registered Providers and Local Authorities and requires:

1.      A tenant, or a person residing in or visiting the dwelling-house, has been convicted of a ‘serious offence’

2.      That the ‘serious offence’ was either:

a.      committed (wholly or partly) in, or in the locality of, the property

b.      Committed elsewhere against a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the property; or

c.      Was committed elsewhere against the landlord of the property, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord’s housing management functions, and directly or indirectly related to or affected those functions.

To determine whether a ‘serious offence’ has been committed, there is a list of 29 such offences that can be found in Schedule 3 of the Anti-social Behaviour Crime and Policing Act 2014[3].  These offences include, for example:

-          Riot, violent disorder or affray (Sections 1 – 3 of the Public Order Act 1986)

-          Assault occasioning actual bodily harm (Section 47 of the Offences against the Person Act 1861)

-          Racially or religiously aggravated assault or harassment (Sections 29 and 32 of the Crime and Disorder Act 1998)

-          Destroying or damaging Property (Section 1 of the Criminal Damage Act 1971)

Therefore – before any action is taken under a mandatory Ground, careful consideration would need to be taken as to whether the Ground has been satisfied.

When relying on mandatory Grounds, your organisation will also need to make sure that you have complied with all relevant policies and procedures and have followed specific requirements within the Notice itself, including: timescales for service, notice periods and allowing an appeal / review process.

In any cases involving mandatory Grounds, to make sure your cases are as strong as possible, we would always advise that you consider what discretionary grounds are available too.

Injunctions

In circumstances where offences are not committed by tenants, where a summary offence has been committed, an offence has been committed by an individual aged 10 or over or you wish to stop involvement in the continuing civil unrest, a civil injunction under the Anti-social Behaviour Crime and Policing Act 2014 may be the appropriate immediate response to prevent future riotous and violent behaviour.  These injunctions can include, for example, exclusion zones and powers of arrest.

You will need to prove on the balance of probabilities that they were involved in the riots and provide sufficient evidence to show the offender has engaged in anti-social conduct that caused harassment, alarm or distress, or housing related nuisance to any person.

As with any tenancy enforcement proceedings, any use of legal powers by social landlords and local authorities must be compliant with the Human Rights Act 1998, the Equality Act 2014 (especially in relation to the public sector equality duty pursuant to section 149) and all other relevant legislation

Demotion under the Housing Act 1985 and the Housing Act 1996

A little used remedy that demotes a secure or assured tenancy to one with less secure status and acts as a deterrent to future anti-social behaviour.  For example, a secure tenancy to an introductory tenancy, or an assured tenancy to an assured shorthold tenancy making it easier for landlords to evict tenants who continue to engage in anti-social or illegal behaviour.

What should you be doing?

Partnership working

The powers the ASBCA provide allow the police, councils, social landlords and other agencies to work collaboratively to deal quickly with anti-social issues as they arise and to ensure the best results for victims and the wider public. An effective information-sharing protocol is essential - the police and councils already have a duty to work together but social landlords may still face barriers when information is requested from the police.  It is therefore paramount to use partnership working agreements, or to forge them in light of the current state of affairs, to enable social landlords and the police to liaise and determine if any of the individuals involved in the recent rioting are your tenants, occupiers (including children) or frequent visitors.

Stay informed

Check the news - who the rioters are, what they are convicted of and the prison sentences they receive have been published on the BBC News website.  In some cases, their partial addresses have been given, for example: ‘Keiron Gatenby, 19, of Yeovil Walk, Hartlepool, received 16 months custodial sentence’, and ‘Bobby Shirbon, of Cornwall Street, Hartlepool, had just turned 18 on Wednesday 31 July when he took part in violent riots’[4].

Gather evidence

When considering whether legal action is appropriate, robust evidence gathering will be key.  For example, consideration may need to be given to the following:

-          Is there CCTV evidence?

-          Are there any witnesses?

-          Has there been a conviction?  If so, what offence has taken place?

-          Who was involved in the offence?

-          Where did the offence take place?

-          What information have you obtained from the Police or other third-party organisations?

-          If any looting etc took place were any stolen items returned to your properties and can tenancies be linked that way?

Support tenants and communities to foster safe and inclusive communities

Reach out to tenants who may have been directly affected by the riots to help them feel safe. Check in, offer practical support and reassurance. Empower affected tenants by making sure they know what resources are available, including mental health support, legal assistance and community services.

Consider whether security measure can be enhanced by increasing surveillance, improving lighting and informing tenants of who to contact in an emergency.

Longer term, improve the disparity between your housing estates.  Groups who live in poor quality housing are likely to feel resentment towards others who have access to far better quality housing, especially if they perceive others to have unfair advantages. By working on improving the standard of all properties the likelihood of resentment and tension arising can be reduced as all groups will feel satisfied by the standard of housing available to them.

In memory of the Bebe King (6), Elsie Dot Stancombe (7) and Alice Dasilva Aguiar (9) whose lives were abruptly and brutally taken away from them, and to the 5 other children and 2 adults who suffered devastating knife wound injuries who are now on the road to recovery.

Kirsty Varley and Jenna Tym are Partners and Rebecca Webster is an Associate with the Housing and Regeneration Team at Forbes Solicitors LLP. 

To discuss any of the issues arising from this article, please do not hesitate to contact Kirsty on 01257240853 or Kirsy.Varley@forbessolicitors.co.uk, Jenna on 07974 866008 or Jenna.Tym@forbessolicitors.co.uk or Rebecca on  07976 253333 or rebecca.webster@forbessolicitors.co.uk

[1] ‘Indictable offences’ are more serious than other types of offences and require trial in the Crown Court.  Summary offences are considered less serious and are tried in the Magistrates Court.  Either way offences can be tried either in the Magistrates or Crown Court.

[2] Section 1, Public Order Act 1986.

[3] The full list of ‘serious offences’ can be found here: https://www.legislation.gov.uk/ukpga/2014/12/schedule/3