Cardiff council warns tenants of eviction if household member convicted for Ely riots
The notices, which were sent to 17 homes on 9 July, said south Wales police had informed the council that at least one member of the household had been charged in relation to the disorder, which it called a 'serious incident which caused severe alarm and distress throughout the community'.
A total of 42 people were charged with rioting and causing or threatening to cause criminal damage in relation to the unrest; 11 people have been sentenced, including eight who were under 18 at the time.
Although trials are expected to continue until February 2026, the letter went on to say: 'This is a clear breach of your occupation contract, which states that you are responsible for the behaviour of any household members, guests or visitors within the vicinity of your property.'
If the individual or individuals concerned are convicted and sentenced, the council may go to court to seek repossession of the home, it said.
The letters have shocked and worried the Ely community. 'I don't understand why they are sending this two years after the incident occurred and when my son won't appear in court until later this year. It's disgusting, it's designed to punish the whole community. What about my other children?' said one woman, who asked not to be named as she said she was seeking legal advice.
Two days of rioting in the west Cardiff neighbourhood over 22-23 May 2023 were triggered by the deaths of friends Harvey Evans, 15, and Kyrees Sullivan, 16, in an e-bike crash.
Rumours that the children were killed during a police chase spread quickly on social media, and about 150 people gathered at the scene of their deaths.
More than 30 police officers were injured in the disturbances, in which property was damaged and cars set alight.
CCTV footage later forced south Wales police to admit that officers in a van had been following the teenagers up to two minutes before the accident. The driver and passenger were served with gross misconduct notices, and the driver was investigated for dangerous driving by the Independent Office for Police Conduct (IOPC) but did not face charges.
The notices were described as 'abnormal and egregious practice' by Prof David Cowan, a Welsh housing law expert at Cardiff University who was involved in drafting 2022 legislation designed to simplify and improve the renting experience.
'Notices seeking possession can be issued for antisocial behaviour and criminal activity that takes place in the property. Vicinity is defined differently in the law to locality and these charges are not housing-related,' he said.
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'Even in cases where there is a valid claim judges will often go for mitigation strategies such as behaviour plans before evicting a tenant. It depends of course on the offences, on the judge, and on the type of contract, but I think the council will struggle with this in court.'
In response to questions from the Guardian, Cardiff council said that the offences were committed in the 'locality of their home', constituting a breach of the tenancy contract with the council, and the notices were aimed at 'encouraging tenants to take responsibility for their homes and neighbourhoods'.
Housing policy is devolved in Wales. Cowan said he was unaware of any similar action taken by Welsh local authorities related to convictions for crimes committed outside the property before.
'It is the council's normal process, where a serious charge has been made and the court case date is a significant time in the future, to serve a notice,' they said, adding: 'Serving a notice is not about rushing to eviction, but rather about setting out a clear warning that this behaviour will not be tolerated. Each case will be looked at on its merits, and all issues will be taken into account before any further legal action is taken.'
After the 2011 riots across England, several local councils attempted to serve tenants with eviction notices over the involvement of members of the household, including a woman in Wandsworth in south London whose 18-year-old son had been charged, but not convicted, with breaking into a shop.
Such policies were backed by the then prime minister David Cameron, but the efforts either failed or were abandoned after public outcry.
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