'First' riot-related eviction notice served by Wandsworth Council

[past caring]

Whether they intend to honour that seems doubtful. He insinuated that she has intentionally made herself homeless, which I think would get them off the hook.

The whole body of intentionality case law would suggest they would be fucked if they tried that line of argument. For intentionality to kick in, the homeless person must done a deliberate act which caused them to lose their home. So unless Wandsworth propose to show (and can show) that the tenant sent the son out looting/rioting, they will struggle, big time.

 

[veracity]

Let's hope so.

 

[London_Calling]

Ok, there is a legal duty. But they might have to go to the neighbouring council to assert the legal right.

I presume that's for families with a history of antisocial behaviour on the estate/road where neighbours have reported antisocial activity.

 

[littlebabyjesus]

The whole body of intentionality case law would suggest they would be fucked if they tried that line of argument. For intentionality to kick in, the homeless person must done a deliberate act which caused them to lose their home. So unless Wandsworth propose to show (and can show) that the tenant sent the son out looting/rioting, they will struggle, big time.

I'm sure this is right. The law is very particular about the precise wording of any act. Where the word intentional is there - as you say, sending the son out to riot would be the only possible interpretation here.

That might not be much consolation though, when the tenant in question loses their home and is shoved into some shitty b&b.

 

[roctrevezel]

That might not be much consolation though, when the tenant in question loses their home and is shoved into some shitty b&b.

It will be VERY difficult to get the eviction past a judge UNLESS the entire family has "previous."

 

[littlebabyjesus]

It will be VERY difficult to get the eviction past a judge UNLESS the entire family has "previous."

Hope so. It should be, shouldn't it. Evictions should be last resorts. But these are not normal times. A man has just gone to jail for 6 months for stealing a couple of bottles of water, after all. I can't help but feel that judges are being leaned on at the moment.

 

[Streathamite]

I must admit, if, before I heard of this, i'd been asked to nominate the council most likdely to pull this sort of stunt, Wandsworth would have been the first name on my lips. No question about it

 

[Deareg]

why are you still here?

If enough of us call him a cunt maybe he will get a life ban too.

 

[past caring]

It will be VERY difficult to get the eviction past a judge UNLESS the entire family has "previous."

If the story is accurate (i.e. - the tenant has been served with an eviction notice) the council have already been to court and obtained a possession order. Almost certainly on one of the discretionary grounds, rather than a mandatory one. That order would have been a suspended one (i.e. "you can stay, so long as you pay off your rent arrears/keep your kids in check/stop having noisy parties") and if so, the LA then only needs to apply to the court for an eviction warrant if it believes the suspended order has been breached. Granting of the warrant is an administrative act - there's no hearing, it will be granted. It's possible to ask for the order to be varied or set aside (or to then appeal to the higher courts if this is refused - but there's only limited grounds for this) and in such cases the court retains the same discretionary powers as it did when deciding to grant only a suspended order in the first place - i.e. it could lift the warrant and continue with a suspended order.

It is not possible for the council to issue an "eviction notice" or warrant, as a first step, so there may well be previous with this one.

 

[AKA pseudonym]

btw: 'legally' they can only do this if it is in your locality... they are gonna change the law so it includes other areas too....
to prevent 'riot tourism'

 

[roctrevezel]

It is not possible for the council to issue an "eviction notice" or warrant, as a first step, so there may well be previous with this one.

It did strike me as being a tad rapid after the event, so bowing to your more expert knowledge of eviction process it is looking as if there is "previous."
It also looks as if, judging by Camerons comment's on TV today as if the riots/looting/arson are going to be used as an excuse to evict some long standing problem/gang related tenants in several parts of England.

 

[Blagsta]

That's complete bullshit. They have a legal duty.

Not if someone has made themselves "intentionally homeless". This will likely come under that.

 

[Blagsta]

Intentionally homeless. And no.

Would it not? I'm pleasantly surprised.

 

[ItWillNeverWork]

I shall hold a candlelit vigil for him and all the other innocent victims surely to come

Why should the parent be evicted when it is the child that has done the crime? Won't this discourage parents from dragging their kids to the police station if they suspect wrongdoing?

 

[Dandred]

no surprise it's wandsworth council first out of the gate

Who voted the council members in?

Scum.

 

[butchersapron]

Who voted the council members in?

Scum.

I think you'll find the council actually has no lib-dems members.

 

[Streathamite]

I think you'll find the council actually has no lib-dems members.

blimey, it doesn't!
(surprised cos the LDs did well in London's 2010 council elections, and parts of that borough have the look of classic LD areas, IYSWIM)

 

[_angel_]

Why should the parent be evicted when it is the child that has done the crime? Won't this discourage parents from dragging their kids to the police station if they suspect wrongdoing?

There's no way I'd grass a kid of mine up, even without the threat of losing the house. It'd have to be something really major for me even to consider it.

 

[Streathamite]

Who voted the council members in?

Scum.

yuppies, basically. v upwardly mobile borough. makes me glad their shitty Arndale got trashed

 

[krtek a houby]

Why should the parent be evicted when it is the child that has done the crime? Won't this discourage parents from dragging their kids to the police station if they suspect wrongdoing?

Yes, you are correct. I feel it's a brave move on said parent's part but I disagree with the whole eviction thing. It will lead to more unrest and heartache. My immediate sentiments are with the families of those who lost their lives in the last few days, however. Sorry for having certain priorities. I'm sure the evictees will be able to appeal - they will, won't they?

 

[Belushi]

They keep the Council Tax as low as possible and keep getting voted back in as a result.

 

[Pickman's model]

Anyone who's bothered to engage with me over the years knows I'm a wanker.

*corrected for you*

 

[likesfish]

Suprise Suprise its Wandsworth hopefully unless the tenants have previous its a a lot of noise and no substance ie you end up getting scary letters that boil down to sort your life out. If the son has previous and is making trouble on the estate bye bye.
Once worked at a hostel that bussed half its residents to court for eviction hearings because it had had no hb cheques from a capita run council hb department for 6 months and was looking at its reserves vanishing judge understandably not impressed money arrived the next day
the hostel was not actually going to evict anyone and had made that very clear to the residents but was getting nothing for 4 projects plus over supported housing projects so needed to do something to embarrass the council into paying up

 

[krtek a houby]

*corrected for you*

The left really need to outsource for new "witty" comebacks...

 

[gavman]

There's no way I'd grass a kid of mine up, even without the threat of losing the house. It'd have to be something really major for me even to consider it.

stealing the remote would be enough for me

 

[Pickman's model]

stealing the remote would be enough for me

yeh? but there seem to have been rather more tvs, presumably with remotes, abstracted than remotes without tvs.

 

[Pickman's model]

yuppies, basically. v upwardly mobile borough. makes me glad their shitty Arndale got trashed

it's a pity what happened to manchester's city centre in 1996 hasn't happened to wandsworth's 'shitty arndale'.

 

[gavman]

i was talking about my tv remote, the little fuckers.
i'll call it tough love. pass me the phone

 

[Pickman's model]

i was talking about my tv remote, the little fuckers.
i'll call it tough love. pass me the phone

here! catch!

*throws it to someone else, leaving gavman sprawling on the floor*

 

[taffboy gwyrdd]

Can someone explain to me why there is so much reference to "council housing" when the vast majority has been given away in PFIs, stock transfers and ALMOs.

What gives councillors the power to call the odds like this when they have singularly abdicated their responsibilities for social housing?