ASB INJUNCTIONS AND ORDERS - …

1 2 John Street, London, WC1N 2ES 1 ANTI-SOCIAL BEHAVIOUR ASB INJUNCTIONS AND ORDERS ANTI-SOCIAL BEHAVIOUR INJUNCTIONS Introduction 1. The Anti-social Behaviour Act 2003 ( ASBA 2003 ) repealed sections 152 and 153 of the Housing Act 1996 ( HA 1996 ) and replaced them with: the anti-social behaviour injunction : ; the injunction against unlawful use of premises: ; and additional powers in relation to an injunction prohibiting breach of the tenancy agreement: ( INJUNCTIONS may also be obtained under section 222 of the Local Government Act 1972 where the local authority consider it expedient for the protection or promotion of the interests of the inhabitants of their area.)

2 A power of arrest may be added by section 91 of the Anti-social Behaviour Act 2003). Who may obtain an injunction ? 2. A relevant landlord may apply to the court for the anti-social behaviour injunction and the injunction against unlawful use of premises. 3. Relevant landlord is defined in HA 1996, (7) as follows: (a) A local authority; (b) A housing action trust ( HAT ); (c) A registered social landlord ( RSL ). 4. Any landlord may, of course, apply for an injunction against breach of the tenancy agreement. However, unless it is a relevant landlord, there is no power to impose 2 John Street, London, WC1N 2ES 2a power of arrest and/or an exclusion order under A charitable housing trust which is not a registered social landlord is only a relevant landlord for the purposes of Against whom can an injunction be obtained?

3 5. This will depend on the type of injunction the landlord is seeking. A relevant landlord may only apply against the tenant for a power of arrest and/or an exclusion order to be attached to a section 153D injunction concerning breach of the tenancy agreement. In relation to the section 153A and 153B INJUNCTIONS (conduct/unlawful use of premises), the injunction is against the perpetrator of the conduct; there is no need for the defendant to be a tenant or occupier of a dwelling-house owned or managed by the relevant landlord.

4 Children 6. Landlords will encounter difficulties in obtaining INJUNCTIONS against children because, generally, they will be unenforceable. The method of enforcing an injunction is limited to imprisonment, fine or sequestration but, in the case of a child, only a fine and sequestration are lawful. It is unlawful to imprison under-18s: Powers of Criminal Courts (Sentencing) Act 2000, 7. In Wookey v Wookey [1991] Fam. 121, the court distinguished between the recalcitrant teenager in good employment who may be appropriately injuncted and the vast majority of children in respect of whom recourse to the civil courts is not appropriate.

5 Since the injunction will, in most cases, be unenforceable, applications for INJUNCTIONS will be unlikely to succeed. 8. In Enfield London Borough Council v B (2000) 32 HLR 799, CA, the Court of Appeal, although not deciding the issue, expressed the opinion that an injunction under HA 1996, could be made against a minor. 2 John Street, London, WC1N 2ES 39. More recently, the High Court in G v Harrow [2004] EWCA 17, QB, held that where an application was made for an injunction against a minor under the former HA 1996, , the applicant must provide the court with evidence of the personal circumstances of the minor to show that the injunction could be enforced against him whether by way of a fine or sequestration of assets.

6 10. Where a landlord is considering applying for an injunction against a minor, then, there must be information provided to show that the injunction can be enforced. In addition, it is suggested that other methods of preventing the minor s anti-social behaviour should be considered. For instance, it may be possible to consider an acceptable behaviour contract ( ABC ). Anti-social Behaviour ORDERS ( ASBOs ) are, of course, available against children. Anti-social behaviour injunction (HA 1996, ) What conduct? 11. The anti-social behaviour injunction relates to conduct: (a) which is capable of causing nuisance or annoyance to any person; and (b) which directly or indirectly relates to or affects the housing management functions of a relevant landlord.

7 What does the landlord need to prove? 12. In order for a relevant landlord to obtain an anti-social behaviour injunction it is necessary to show: (a) the defendant is engaging, has engaged or threatens to engage in conduct which is capable of causing nuisance or annoyance to any person, and which directly or indirectly relates to or affects its housing management functions; and (b) the conduct is capable of causing nuisance or annoyance to any of the following: 2 John Street, London, WC1N 2ES 4(i) a person with a right (of whatever description) to reside in or occupy housing accommodation owned by or managed by the relevant landlord; (ii) a person with a right (of whatever description) to reside in or occupy other housing accommodation in the neighbourhood of housing accommodation owned by or managed by the relevant landlord.

8 (iii) a person engaged in lawful activity in or in the neighbourhood of housing accommodation owned or managed by the relevant landlord; (iv) a person employed (whether or not by the relevant landlord) in connection with the exercise of the relevant landlord s management What is meant by housing management functions? 13. The housing management functions of a relevant landlord include: (a) functions conferred by or under any enactment; (b) the powers and duties of the landlord as the holder of an estate or interest in housing Does it matter where the conduct occurs?

9 14. Importantly, it is immaterial where the conduct Consequently, it is irrelevant if the conduct occurs outside the locality of the housing accommodation so long as the conduct is capable of causing a nuisance to the persons described above and which directly or indirectly relates to the relevant landlord s housing management functions. injunction against unlawful use of premises (HA 1996, ) 15. The injunction against unlawful use of premises is available where the conduct consists of or involves using or threatening to use housing accommodation owned by or managed by a relevant landlord for an unlawful The court has 1 HA 1996, (4); cf Manchester CC v Lewis Lee [2004] 1 WLR 459 in relation to INJUNCTIONS and Enfield v.

10 B (2000) 32 HLR 799 at 804. 2 HA 1996, s. 153E(11). 3 HA 1996, (5). 2 John Street, London, WC1N 2ES 5discretion as to whether to grant an injunction on the application of the relevant 16. This injunction will be useful where there is no evidence that anyone has suffered or was capable of suffering nuisance or annoyance from the defendant s activities. Exclusion order and Power of Arrest 17. If the court grants an injunction under (anti-social behaviour injunction ) or ( injunction against unlawful use of premises), the court may prohibit the defendant from entering or being in any premises or any area specified in the Additionally, a power of arrest can be attached to any provision of the 18.