OVERVIEW

Following an application for an on notice injunction and Power of Arrest, the landlord successfully obtained an order following a leaseholder’s long period of anti-social behaviour.

CASE BACKGROUND

The leaseholder had allowed her pets to defecate and gather in the communal areas, regularly put her rubbish out for collection well in advance of the usual collection date, used foul and abusive language, played loud music and screamed and banged doors so loudly that they could be heard outside her property.

A two-year injunction order was made, with a Power of Arrest attached to the clauses relating to the playing of loud music and the use of foul and abusive language. The leaseholder was also ordered to pay a contribution towards the landlord’s legal costs.

OUTCOME

After the order was made, there were a number of breaches involving the playing of loud music. The complainants initially asked the leaseholder to turn her music down, but a complaint was soon made to the police. The police arrested the leaseholder, as they had reasonable cause to suspect that she had breached the clause of the injunction relating to the playing of music.

At the eventual committal hearing, the leaseholder received a three-month prison sentence, suspended for a period of 12 months.

COMMENT

Yetunde Dania, Partner at Cobbetts, says: “This was an excellent result for the landlord and demonstrates that regardless of tenure, they will take swift action to combat anti-social behaviour to ensure that other members of the community can have quiet enjoyment of their properties. Furthermore, the case demonstrates the courts will take a robust approach towards defendants who breach Anti-Social Behaviour Injunction Orders. I am aware that some people question whether ASBIs ‘have teeth’. This case clearly demonstrates that they do!”