Section: Antisocial Behaviour & Nuisance

Case Law Update

The Housing Association began a possession claim, alleging antisocial behaviour by an assured tenant. The tenant offered undertakings acceptable to the Association as to her conduct for two years, on agreed terms that the proceedings be adjourned for that period and dismissed if there be no recurrence.
A Consent Order was drawn in those terms and preparations for trial were put on hold. On the trial date, the judge refused to make the Order and dismissed the claim (as it was not ready for trial).
The Court of Appeal allowed an appeal and ruled that the Judge should have made the Order sought, under Housing Act 1988 section 9(1).

Hastoe HA v Ellis [2007] EWCA Civ, [2007] All ER (D) 241 (Nov), 15 November 2007
The Council obtained an Antisocial Behaviour Injunction under Housing Act 1996 s153A, which prohibited the defendant from behaviour capable of causing nuisance or annoyance to his neighbours.
Three months later, he held two noisy gatherings in his flat and was a passenger in a car being driven erratically and dangerously. He admitted those breaches and was committed to prison for six months, suspended for two years.
The Court of Appeal upheld that sentence. There had been an early breach. The Injunction had been virtually ignored. The Judge had been justified in passing a sentence which gave a strong warning.

Leeds CC v MacDonald [2007] EWCA Civ, [2007] All ER (D) 306 (Nov), 20 November 2007
Following reports of antisocial behaviour concerning numerous vexatious allegations made against neighbours and causing neighbours to receive unwanted advertising and mailshots), the landlord obtained an outright Possession Order.
The tenants appealed, contending that the Judge had failed to take account of recent abatement of the nuisance. The Court of Appeal upheld the Order. Matters of "reasonableness" and whether to postpone or suspend the Order were for the Judge, not the appeal courts.

Accent Peerless Ltd (formerly Surrey Heath HA Ltd) v Kingsdon [2007] EWCA Civ 1314, 12 December 2007
The Council decided that Mr Dixon was not eligible for an allocation of council housing because of his previous unacceptable behaviour leading to conviction for possession of drugs inside his council home. That decision was upheld on an internal review.
The High Court dismissed a Judicial Review claim. The reviewing officer had applied the right tests, taken relevant factors into account and had not reached an unreasonable conclusion.

Dixon v Wandsworth LBC [2007] EWHC 3075 (Admin), 20 December 2007
The Council was concerned about the activities of gangs of young men congregating in the City centre and on housing estates, which it believed had lead to serious crime. It launched 30 to 40 sets of proceedings against individuals, seeking Injunctions under Local Government Act 1972 s222, preventing them from congregating in groups and from entering proposed "exclusion zones".
In the first cases to come to trial, the Designated Civil Circuit Judge ruled that the County Court had no jurisdiction under s222 to make the wide-ranging Orders of the type sought.

Birmingham CC v C, S and Others [2007] 10 January, Birmingham County Court

Section: Antisocial Behaviour & Nuisance

Case Law Update

Legal Update

Reporting on Nov 2007-Jan 2008

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