Recommendation 7

A properly functioning courts system should resolve most of the issues with the process of seeking possession under section 8, but further adjustments to the discretionary ground for possession in respect of antisocial behaviour are also necessary. As currently designed, the discretionary nature of this ground will make it more difficult to prove antisocial behaviour, as residents might be less likely to give evidence if the outcome is uncertain. Whilst we recognise the argument for giving the courts discretion when someone’s home is at stake, we think the impact of antisocial behaviour on communities and landlords, and the compensating abolition of section 21, justify making this ground mandatory. The Government should make existing ground 14 mandatory and issue guidance to the courts setting out the precise definition of antisocial behaviour and the circumstances in which they must grant possession. It should also publish equivalent guidance to landlords and tenants on what constitutes antisocial behaviour and the evidential threshold required to prove it in court. (Paragraph 50) Housing standards and enforcement