Riverside obtain injunction with positive requirements for lifetime of tenancy


24 November, 2015

Riverside had been receiving complaints of anti-social behaviour in relation to the Defendant since 2011. The complaints included, amongst other things, the Defendant displaying drunk and disorderly behaviour in public, walking around in public in a state of undress, causing damage to his property, threats to neighbours, shouting, swearing and playing loud music, punching another resident, kissing, hugging and inappropriately touching other residents. The deterioration in the Defendant's behaviour coincided with the withdrawal of support services and his increased abuse of alcohol.

The behaviour eventually led to Riverside obtaining an Anti-Social Behaviour Injunction under the Housing Act 1996. The injunction together with a power of arrest was in force between July 2014 and August 2015.

During the time the injunction was in force, Riverside noticed a significant reduction in complaints regarding the Defendant's behaviour. However, as soon as the injunction expired, the Defendant was unable to sustain any meaningful improvement and started to commit further Anti-social behaviour on the estate where he lived and in Riverside's offices.

Riverside were of the view that until the Defendant addressed his behaviour and obtained the relevant support he needed, there was no prospect of his behaviour improving in the long term. Riverside made a decision to seek a further injunction against the Defendant under Part 1 of the Anti-Social Behaviour, Crime and Policing Act 2014.

At a multi-agency meeting all agencies agreed that, the Defendant would benefit from attending sessions with a tenancy support group which would assist him with managing his tenancy and controlling his alcohol abuse. Having liaised with other agencies, Riverside was able to satisfy the court that a positive requirement compelling the Defendant to attend such sessions were suitable and enforceable. Evidence was placed before the court from the chosen supervisor.

The matter came before a Circuit Judge, who was satisfied both as to the need for the injunction order with a power of arrest and also the positive requirement. The order was granted for the duration of the tenancy giving the Defendant the chance to maintain his tenancy, address his behaviour and deal with his underlying issues, namely, his alcohol addiction.

If you have any questions relating to this article, please contact Lara Geldard by email or on 01772 220389.


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