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April 25th 2024

Anti Social Behaviour Puts Home At Risk Following Court Action

Councillor Phil Bateman today drew attention to the work that was being undertaken by Wolverhampton Homes and local residents in using new powers provided by the Government to gain a Demotion Order at the Wolverhampton Combined Courts against a resident living in Ashmore Park Wednesfield. The order reduces his tenancy from a secure one to an insecure one for a period of one year. He also incurs costs of approximately £1350.
Councillor Phil Bateman added "If there are future nuisance issues, a case for Outright Possession will be put forward by Wolverhampton Homes Anti-Social Behaviour Co-ordinator, to a panel comprising of Wolverhampton Homes Managers.

If the panel upholds the application for possession, this has to be rubber stamped by a court, but the judge can only check procedure was followed correctly and cannot question the decision made by the panel."

Tenancy Demotion is a power introduced through the Government's Anti-social Behaviour act.

In this instance, three residents kept updated diary logs of ongoing nuisance over a period of a few months, and although they attended court they were not required to give evidence, even though they were fully prepared to do so.

A statement was also supplied by the Anti-Social behaviour Co-ordinator and a Police Constable for the estate .

The Order was unchallenged by the resident, he had recently indicated he accepted the order in principle. Councillor Bateman further commented " Tenancy Demotion gives this young tenant a last chance to control the visitors and associated level of nuisance, if problems persist an application for Possession will be made fairly quickly."

Author: Phil Bateman

Article Date: 13th January 2007