Successfully restoring injunction proceedings where there is no breach of an undertaking

Rebecca Webster
Rebecca Webster

Published: March 15th, 2022

7 min read

A tenant with a history of nuisance behaviour including loud music, arguing, shouting and slamming doors, diy at unsociable hours, excessive visitors and obnoxious smells from cannabis demonstrably improved their behaviour when faced with injunction proceedings over a 4 month period. An undertaking was agreed on very limited terms not to cause noise nuisance between 9pm and 8am. Reports from neighbours of low level nuisance continued to be received but were either outside the perimeters of the undertaking or considered insufficient to warrant further legal action being taken.

Some 3 months after making a promise to the court, the tenant engaged in a serious assault directly outside the property causing nuisance annoyance alarm and distress to neighbours which prompted an application to restore the injunction application and to seek an order in stricter terms to address violence as well as nuisance behaviour.

Rebecca Webster of Forbes Solicitors was successful in obtaining a 12 month injunction order in the strictest possible terms to address the violent behaviour and historical nuisance. The tenant was also hit with a costs order being made against them.

"This is a great example of using existing proceedings to tackle new allegations of anti-social behaviour and to provide much needed protection for residents".

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