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Housing related antisocial behaviour injunction – Social Housing legal update
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In Swindon Borough Council v Redpath (October 2009), Michael Redpath appealed against an antisocial behaviour injunction (ASBI) made against him on the application of Swindon Borough Council.
Under the Housing Act 1996, social landlords may apply for an injunction to restrain an individual from engaging in ‘housing-related’ antisocial behavior (related to or affecting the housing management functions of the landlord).
After several incidents of antisocial behavior, Mr Redpath was evicted by Swindon and an ASBI granted. He sought to resist the ASBI claiming that he was no longer a Council tenant and that the main victims of his behavior were not tenants of Swindon, so it was not "housing related".
The court stated there could be no doubt that his behavior was "housing related" since it affected Swindon’s tenants and property. The judge claimed it was clearly part of the landlord’s housing function to preserve the peace of the neighbourhood, and that it would be undesirable if the landlord were unable to take action against the defendant merely because he had been evicted; especially if his eviction related to antisocial behaviour.
This is significant for social housing landlords as it clarifies that they can bring ASBIs against former tenants if the behaviour takes place in or around their properties. The case also demonstrates that it doesn’t matter if some of the victims of antisocial behavior are owner/occupiers and not tenants; the courts will still view them as victims of "housing-related" antisocial behaviour.
It is therefore vital for social housing providers to preserve details of past tenants' anti-social behaviour, as they could be used as evidence in any later legal proceedings brought against the individual.
If you need advice on a commercial property matter or social housing please contact our expert, Deborah Powell, on 0844 858 3225 or email: Deborah.powell@sm-commercial.co.uk.
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Deborah Powell
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11/11/2009
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