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Injunctions under 1996 Act

(Note that the provisions relating to injuntions under the Housing Act 1996 were substantially amended by the Anti-social Behaviour Act 2003

This page deals with the following matters:
  • "Housing related conduct".
  • The wording of the order.
  • Without notice injunctions under the 1996 Act.

Housing-related conduct

Swindon v Redpath
[2009] EWCA Civ 943

Summary

This case considered the meaning of "housing-related conduct" for the purposes of s153A (1) of the Housing Act 1996.

Facts

D had been a secure tenant of C. C had evicted him on the basis of nuisance; he had carried on a campaign of harassment against his neighbours. After his eviction there were no instances of nuisance for around a year. However, he then returned to the area and further anti-social behaviour ensued and an ASBI was granted against him. The issue was whether there was sufficient nexus between D, the area and his behaviour to bring him within s153A(1); particularly as he was no longer a tenant of C.

Decision

"Housing-related" conduct under the section means conduct "directly or indirectly relating to or affecting the housing management functions of a relevant landlord". The court held: (1) that a broad interpretation should be given to this phrase; (2) that s153A indicates that it is a part of the housing management functions to preserve the peace in the neighbourhood; and (3) that the individuals conduct should be taken as a whole and not piecemeal. Having regard to those factors Rix LJ (at para 55) therefore considered that the Council’s housing management functions:
    ".. easily embrace its sense of responsibility to its continuing tenants and also to owner-occupiers in Warneage Green for the conduct of its former tenant, Mr Redpath, who has pursued his vendetta against his former neighbours irrespective of the loss of his tenancy."

Wording of the order

Manchester City Council v Lee
[2003] EWCA Civ 1256.

In this case (decided under the 1996 Act before the amendments made by the Anti-social Behaviour Act 2003) Mummery LJ considered the wording of the order that should be made:
    ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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