A firm approach to the breach of an injunction order recently led to one Housing Association client regaining possession of their property without the need for progressing separate possession proceedings in the county court.
The case involved an anti–social tenant occupying a sheltered housing scheme in Somerset. The tenant conducted a persistent course of anti-social behaviour which ranged from playing loud music to threatening and intimidating behaviour. Legal proceedings were required to be progressed and the Clarke Willmott LLP Housing Management Team, working closely with local residents, and our Housing Association client built a strong case against the tenant and successfully secured an anti-social behaviour in junction order in the Yeovil county court.
A brief period of improved behaviour by the defendant followed after the making of the injunction order, however, as is typical in many of these types of cases, the Housing Association began to receive further complaints about anti- social behaviour caused by the defendant. The tenant was then arrested for acting in breach of the injunction order made. An application to commit the tenant to prison was then made in the local county court and a notice of seeking possession was also served on the defendant with the intention of progressing possession proceedings.
On the morning of the defendant’s trial that could have resulted in his committal to prison for having in breach of the injunction order secured, he handed to us a Notice to Quit informing us of his intention to vacate the property voluntarily. He asked that we agree not to request the court to commit him to prison. This request was agreed and consequently the court handed down a suspended prison sentence and the defendant and has since voluntarily vacated his property much to the relief of local residents.
For further information, please contact a member of our Social Housing team.