To quote from the Local Government Chronicle on-line:
“Tough talk from ministers and councils on evicting those found to be involved in rioting from social homes is unlikely to be realised in practice, legal experts have said.
Councils across the country have threatened to evict tenants found guilty of involvement in the rioting over the past week. However legal experts have said there remain a number of obstacles to evictions and that the tough talk from councils and ministers was unlikely to lead to a slew of evictions due to legal barriers and the cost of pursuing evictions, which can be over £20,000 per case.
Emma Salvatore, a legal executive at Trowers & Hamlin, said government proposals to allow rioters to be evicted regardless of where they committed anti-social behaviour would require statutory legislation, which will take time, and that the offence would still need to be indictable, so heard in a crown rather than magistrates court.”
The politicians need to stop sound biting and headline grabbing, figure out what they can actually do to sort things out and stop telling others – the police, the courts – how to do their job.
I suspect the individual agreements signed by the tenants will prove decisive in determining whether any eviction notices will be upheld by the courts. I understand that some local authorities now incorporate clauses which, in effect, allow eviction if anyone living in the premises commits anti-social acts, for example.
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Unfortunately, most of those agreements relate to anti-social behaviour within their immediate neighbourhood, or to criminal damage to the property they are occupying.
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