A person holds the silhouette of a family house in their hands

ASB Mandatory ground success

The team at Clarke Willmott has secured one of the first outright possession orders using the new mandatory anti-social behaviour ground 7A.

The team first obtained a without notice Civil Injunction under the Anti-Social Behaviour, Crime and Policing Act 2014 against a tenant who was hoarding bottles of butane gas in his flat, which is highly flammable. The tenant abused butane gas on a regular basis and discarded the cans around his flat, causing a major fire risk particularly as he was also a smoker. He also caused a nuisance to neighbours by shouting and misbehaving when he was ‘high’.

The terms of the Civil Injunction ordered the tenant to stop bringing Butane gas into his home. He ignored the Civil Injunction and continued to sniff Butane gas in his home. He was arrested by police and following committal proceedings where the team at Clarke Willmott successfully proved the breaches, the Judge sentenced the Defendant to 8 weeks in prison.

In light of the proven breaches of the Civil Injunction, the team at Clarke Willmott applied for a possession order using the new mandatory ground 7A and sped up the process further by making an additional application to ‘expedite’ the hearing.

The court listed the matter urgently as requested and on 1 October 2015, the court granted an outright possession order forthwith, together with costs and a money judgment in respect of rent arrears.

If you would like help or advice in relation to using Ground 7A please contact Amy Gibbs or Elyssia White of Clarke Willmott LLP.