Injunctions

Who can apply?

Under the Housing Act 1996, and as amended by the Anti-social behaviour Act 2003, Local Authorities, housing trusts, or other housing organisations or companies who are landlords, can apply for an Injunction against the tenant, or anyone else living in the area to stop them behaving in a way which causes nuisance or annoyance to others living in or around the rented property itself.

These are known as "injunctions against anti-social behaviour".

Anti-social behaviour can include noise, harassment, drug dealing, threats, violence or using the property for immoral or illegal purposes. An injunction can stop a person coming to a property or into an area. All tenancy agreements should include a requirement not to cause a nuisance or annoyance to neighbours.

Where your tenancy is breached it is possible to obtain a civil or ‘common law’ injunction. This is a contractual law matter, between the landlord and tenant.

When can an Injunction be used?

The Court will grant an injunction if: -

• A person is engaging in or threatening to engage in behaviour which is a nuisance or annoyance and which affects the landlord’s housing function; and
• The behaviour is capable of causing a nuisance to either:-
• Someone residing in the landlord’s property by virtue of a tenancy, licence or long lease or their families;
• Those residing in other accommodation in the neighbourhood, for example, owner occupiers and tenants of other landlord’s;
• Those engaging in a lawful activity in the locality, using local facilities, passing through the locality or working in the neighbourhood;
• Persons employed in connection with the landlord’s housing management functions, for example, staff employed in connection with the management of the landlord’s stock. The County Court can also grant an injunction where a tenant or visitor is using the accommodation or threatens to use the accommodation for an unlawful purpose.

Also, if there is either: -

• The use of violence or threatened use of violence; or
• A risk of significant harm.

The Court can attach a Power of Arrest to any of the clauses of the injunction, and they can also exclude the perpetrator from: -

• The premises
• The area.

In short, an injunction can be sought to not only stop someone from doing something or behaving in a certain way, but also to insist that a person does do something. This may be to tidy their garden, for example, to cut their grass, overgrown hedge, or remove vehicles. It may be to prevent them visiting an area of the District or simply to not walk down a particular street.

Further Information

You can obtain further information from the following:

ASB Unit, Blyth Valley Housing, Dinsdale House, 75 Marine Terrace, Blyth NE24 2LN.

Telephone: ASB Unit Hotline 01670 542060

RNID Typetalk service prefix number 18001

EMail: Anti-Social Behaviour Unit