Since 1980 we have been helping social landlords manage the behaviour of their tenants.  This active management of behaviour is a key performance indicator for social housing providers. Problems of anti-social behaviour are frequently reported in the local and national press, local Councillors and Members of Parliament may lobby on behalf of tenants seeking action and we can work with you in this sometimes difficult area to find the solution that is right for you.  Our team of solicitors has specialist knowledge and experience and will work to identify the best solution for you. 

We can help in all areas including:

• Free telephone advice
• Warning letters / invitations to mediation / acceptable behaviour contracts
• Drafting notices of seeking possession / demotion / termination
• Possession
• Proceedings including applications to expedite
• Anti-social behaviour injunctions
• Anti-social behaviour orders (ASBOs) both free standing in the Magistrates' Court and in the County Court
• Applications to join further perpetrators of anti-social behaviour to possession proceedings issued against tenants
• Parenting orders
• Individual support orders
• Section 222 Local Government Act injunctions
• Acceptable behaviour contracts
• Mediation

 

FAQs

Q. My tenant who is 65 is temporarily looking after her two grandsons, who are responsible for widespread graffiti and anti-social behaviour on the estate. They are teenagers at secondary school. I don't want to evict my tenant. Can I obtain Injunction Orders against the grandsons?
A. No. If the grandsons are under 18, an Injunction Order is not a remedy available. However, an Anti-social behaviour order is available to young persons over the age of 10 so that would be an appropriate means of controlling the behaviour of the grandsons whilst allowing the tenancy to continue.

Q. My tenant who has alcohol and drug misuse problems regularly attends the Area Housing Office and is verbally abusive towards staff. This has been tolerated and managed but more recently the tenant has threatened to use violence against Officers. The tenant continues to attend the office despite a recently issued ban. What can we do?
A. A Section 153 Housing Act 1996 Injunction is available. Housing officers will need to make detailed statements of the behaviour they have witnessed, and in particular any threats made. The Court can make an order prohibiting the tenant from attending the Area Housing Office but alternative arrangements will need to be put in place for the management of the tenancy. You may wish to ask the Court to make an exception allowing the tenant to attend only when given permission to do so. You may wish to arrange a sole point of contact for dealing with this particular tenant. If the tenant only attends by way of appointment, then security arrangements can be put in place at the time of interview. If the Court are satisfied that there has been threatened violence, they can attach to the Order a Power of Arrest given a Police Constable the power to arrest the tenant who breaches the Order. This would mean if the tenant breached the prohibition for attending the office without an appointment; the Police could be called and would arrest the tenant for breach of the Order even though no criminal offence was being committed.

Q. Can I get a Power of Arrest attached to an Anti-social behaviour order?
A. No. It is not necessary. Breach of an Anti-social behaviour order is in itself an arrestable offence. The police will arrest, investigate and the matter will be referred to the Crown Prosecution Service who will advise on prosecution for breach. As a landlord, you will not be involved in the enforcement process which has cost savings in terms of the officer time and legal costs.

Q.We have just obtained a Crack House Closure Order and want to obtain possession before the Order expires. Is this possible?
A.Yes, we can prepare the matter in full at the time of issue of proceedings and expedite the matter to ensure that possession is recovered and premises secured against re-entry before the Closure Order expires.

Q. I have an Injunction Order but there is no Power of Arrest attached and I am unhappy about that. What can I do?
A. A Power of Arrest will not always be attached to an Injunction Order. The Court will want to be satisfied:-
i. The conduct consists of or includes the use of or threatened use of violence; or
ii. There is a significant risk of harm to relevant persons.

If you would like expert advice regarding social housing, please send us a message using our enquiry form >>>

back to Social Housing