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A message from Southwark Council - Disorder and possible evictions

Published 27 August 2011

We have written to a 35 tenants warning them that they may face eviction if they or members of their household are convicted of offences related to the riots.

We understand that some residents are genuinely concerned about this action and we want to reassure them that we are taking a balanced approach.

We have written to the 35 tenants to explain to them that under existing housing legislation - and as part of their tenancies - if a member of a household is convicted of a criminal offence then the council has the power to ask the court to evict them. We think it is important that individuals who are convicted of serious offences such as violence or theft realise that there are consequences to their actions and the vast majority of law abiding tenants support this approach. But we also know that any council action must be measured. That's why we have always said that we will not see vulnerable people, such as the old and young, put out on the streets as a result of any action we bring.

We are currently assessing the circumstances of the 35 cases and seeking to meet with each family to discuss their circumstances. The council will only proceed with asking the court for an eviction where we feel that it is appropriate. If there are vulnerable people or children in the household then an eviction will more than likely be inappropriate and other sanctions may be considered. We are considering using "demoted tenancy" powers which would result in the tenant being placed on a 12 month probationary period. If tenants fail to comply with the terms of a demoted tenancy, the council can then apply to the court for an order to evict.

The level of violence and destruction we saw on our streets was unprecedented, totally unacceptable and inexcusable. That is why we believe the approach we are taking is right and fair. We are speaking directly to those at risk before taking any action and will act proportionately on a case by case basis. We have not started any eviction proceedings.

Here is the text of the letter that has been sent to tenants who are at risk:

Dear Tenant,

The Council has been advised that you, or a member of your household residing at this address, has been charged with criminal conduct associated with the recent disorder in London.

I am writing to advise you that, under the Housing Acts and the conditions of your tenancy, if you or a member of your household are convicted of a criminal offence the Council has the power to ask the Court to evict you from your home. Therefore your tenancy may be at risk.

The Council are considering what action to take and are working with the police and other agencies to ensure we have all the necessary information to decide whether to take legal action against you.

If you have any queries regarding the content of this letter, please contact us.

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Southwark Council
PO BOX 64529
London SE1P 5LX

020 7525 5000

csc@southwark.gov.uk

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