Council pulls back from evicting family of man convicted after August 2011 riots

Wandsworth Council has decided against carrying out its threat to evict the family of a man convicted of a crime in the riots of August 2011.

The son of Maite de la Calva was arrested and charged with burglary in the aftermath of the disorder at Clapham Junction. He was jailed earlier this month.

A standard term in Wandsworth’s tenancy agreement states that the tenant, lodgers, friends, relatives, visitors and any other person living at the property must refrain from doing anything which interferes with the “convenience” of other people living in Wandsworth.

Another possible basis for eviction was under the Housing Act 1985, where the tenant or a person living in or visiting her household has been convicted of an indictable offence.

Wandsworth served Ms de la Calva with a Notice of Seeking Possession, even though the son had moved out of the property earlier in 2011. The notice suggested that the mother had breached her tenancy agreement.

The council said it would apply for an order of possession, evicting Ms de la Calva and her daughter.

However, after a formal interview with Ms de la Calva, the council has rowed back from taking that course of action.

A spokesman for Wandsworth said: “The tenant, who was accompanied by a representive from Liberty, gave us a number of specific assurances that have allayed our concerns about any repeat of this criminal behaviour. She has also given us concrete promises that there will be no further breaches of her tenancy agreement. We have been promised that we will receive these assurances in writing. Once these are received we will consider this matter formally closed.”

Human rights organisation Liberty had argued that Ms de la Calva had committed no crime herself and “would not have faced such a threat had she lived in a mortgaged house”.

The organisation also pointed to her contribution to her local area over recent years, including volunteering with a youth charity and working with victims of domestic violence.

Emma Norton, the lawyer at Liberty who acts for Ms de la Calva, said:
“Wandsworth Council has finally seen sense and we’re delighted Maite and her daughter aren’t facing a future without a roof over their heads.

“But the appalling and heartless way the authority threatened this innocent family with eviction in the first place still beggars belief.”