Housing Scotland Act 2014 Streamlined Eviction Process Criminal

Housing (Scotland) Act 2014 Streamlined Eviction Process - Criminal or Antisocial Behaviour

Disclaimer • As these packs have been prepared for general training purposes they reflect the terms of the Housing (Scotland) Act 2014 at the time of preparation. Neither the Scottish Government nor Addleshaw Goddard accept any responsibility for any changes made to the contents of the slides or the speaker's notes and you should seek your own independent advice in relation to your specific situation or if the relevant law subsequently changes. • Please also note the terms of the general disclaimer in the introduction to these training packs.

Housing (Scotland) Act 2014 • This training session forms part of a training pack prepared by Addleshaw Goddard, on behalf of the Scottish Government. • The training pack will assist social landlords in Scotland when training their staff on the important changes being made by the Housing (Scotland) Act 2014 and its supporting guidance. • The trainer’s notes included in the pack, also reflect current housing management practice. • This particular session covers the new streamlined eviction process based on antisocial behaviour.

Streamlined Eviction – Criminal or Antisocial Behaviour Overview • The new process • When can it be used ? • How will this work in practice ? • What to do next ?

Streamlined Eviction – Criminal or Antisocial Behaviour The New Process Makes use of the existing ground within paragraph 2 of Schedule 2 of the 2001 Act: • The tenant (or any one of joint tenants), a person residing or lodging in the house with, or subtenant of, the tenant, or a person visiting the house has been convicted of: • using the house or allowing it to be used for immoral or illegal purposes; or • an offence punishable by imprisonment committed in, or in the locality of, the house.

Streamlined Eviction - Criminal or Antisocial Behaviour The New Process • Where this ground exists and the conviction was within the previous 12 months, landlords will be able to make use of a new streamlined process introduced by section 16 of the 2014 Act. • Under the new process the sheriff must grant an order for eviction if the landlord serves notice under s 14 within 12 months of the conviction if the ground is met. • Landlords will not have to show it is reasonable for the eviction to be granted.

Streamlined Eviction - Criminal or Antisocial Behaviour When can the new process be used ? • Where paragraph 2 of Schedule 2 exists • Serious antisocial behaviour/criminal conviction • Connected with the tenant’s property • Necessary to protect local community • Other measures to manage/improve behaviour have been tried where appropriate

Streamlined Eviction - Criminal or Antisocial Behaviour Proportionality • ECHR argument • Balance rights of tenant against wider community • Human Rights at Home : Guidance for Housing Providers

Streamlined Eviction - Criminal or Antisocial Behaviour The Offence • The nature and seriousness of the offence • Who has been convicted • What is their connection to the property • Where was the offence committed

Streamlined Eviction - Criminal or Antisocial Behaviour The Impact • What was the impact on the household • What was the impact on neighbours/local community • The impact on neighbours and community over time and on community stability

Streamlined Eviction - Criminal or Antisocial Behaviour Positive Change • What action is being taken by the convicted person • Other steps taken to address the behaviour: • Any repeat behaviour • Engagement in training/employment • Rehabilitation programmes • Engagement with support services

Streamlined Eviction - Criminal or Antisocial Behaviour The Timescale • Landlord must serve notice of proceedings within 12 months from either: • the date of conviction • the date any appeal was dismissed or abandoned The Notice • New form of Notice of Proceedings introduced for this process

Streamlined Eviction - Criminal or Antisocial Behaviour How will this work in practice ? • The Court Action • Pre-action requirements ? • Only if including rent arrears as a ground for eviction • Raising Proceedings • Court Action

Streamlined Eviction - Criminal or Antisocial Behaviour What action to take ? • Process for obtaining information on convictions • Lodge extract conviction where available • What convictions will result in the streamlined process • Update style Notice of Proceedings for streamlined process • Supporting evidence for proportionality arguments

Streamlined Eviction - Criminal or Antisocial Behaviour Questions/Discussion points