Section: Security of Tenure

Security of Tenure for Boat Dwellers

The Government published its consultation document on the security of tenure for up to 15,000 residential boats in England, particularly in London's Canal Basins, West Midlands, and Norfolk Broads.

Security of Tenure for Residential Boats, England and Wales, which covers boats at moorings used for long-term residential use, proposes to establish similar protection as provided for owners of park homes in the Housing Act 2004.

During the passage of the Housing Bill, which became the Housing Act 2004, the Government received representations that the proposed legislation should be amended to provide similar protection for those living on boats as the Act was to provide for owners of park homes.

The consultation exercise covers both boats which are navigated and those which are permanently moored without a means of propulsion, such as houseboats. The use of the term, security of tenure, means that the mooring agreement or licence for a residential boat used as a long-term residence can only be terminated if certain specified legal steps are taken.

The consultation document proposed four options:

The consultation paper and updates on all of the Housing Act 2004 provisions can be found on the Office of the Deputy Prime Minister website at www.odpm.gov.uk.

Suspended Possession Was Wrong Decision

The Court of Appeal held that atrocious and intimidating behaviour that made life intolerable for neighbours, perpetrated by a tenant's 13-year old son who was subjected to an ASBO, a secure accommodation placement, and a supervision programme, justified making an immediate Possession Order against the tenant, and it was not open to the Judge to suspend it.

The tenant was a single mother of three children who had demonstrated a lack of parenting skills. Her 13-year old son had threatened a neighbour who is a widow caring for three children, each with disabilities.

An ASBO was granted in November 2004 followed by a secure unit order until November 2005 and intensive supervision. The judge held that it was reasonable to make a Possession Order, but suspended its operation for 18 months on terms, and gave permission to the tenant to appeal, citing that, because of the change of emphasis in the context of anti-social behaviour in the 2003 legislation, guidance was needed from the Appeal Court.

The Appeal Court said that all the circumstances had to be borne in mind. If the misconduct of a member of a tenant's family was so serious and persistent, as to justify an ASBO, that would be strong, but not conclusive, evidence that the tenant had forfeited her entitlement to retain possession.

The Judge, however, was incorrect in retaining confidence in the son's reformation. Having committed destructive acts of vandalism within days of the ASBO, his future seemed bleak. The behaviour of both the mother and the son was intolerable. Without any expression of remorse or any well-founded expectation of improvement, it was disproportionate not to make an immediate Order for Possession.

Section 85A of the Housing Act 1985, inserted by s.16 of the Ant-Social Behaviour Act 2003, applied only in nuisance cases and went to issues of reasonableness, requiring consideration of the effect of nuisance or annoyance on persons other than the person against whom possession was sought.

Manchester City Council v Higgins

Housing Monthly Diary

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Issue: January 2006 Reporting on Sept.-Dec. 2005

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