Gone but not forgotten

In this case, heard in October, Michael Redpath appealed against an anti-social behaviour injunction made against him on the application of Swindon Council.

Under the Housing Act 1996, social landlords may apply for an injunction to restrain an individual from engaging in ‘housing related’ anti-social behaviour (related to or affecting the housing management functions of the landlord).

After several incidents of anti-social behavior, Mr Redpath was evicted by Swindon and an ASBI was granted. He sought to resist the ASBI, claiming that he was no longer a council tenant and that the main victims of his behavior were not tenants of Swindon, so it was not housing related.

The court stated there could be no doubt that his behaviour was housing related, since it affected Swindon’s tenants and property. The judge claimed it was clearly part of the landlord’s housing function to preserve the peace of the neighbourhood, and that it would be undesirable if the landlord was unable to take action against the defendant merely because he had been evicted.

This is significant for social landlords as it clarifies that they can bring ASBIs against former tenants if the behaviour takes place in or around their properties. The case also demonstrates that it doesn’t matter if some of the victims of anti-social behaviour are owner/occupiers rather than tenants.

It is therefore vital for social housing providers to keep details of past tenants’ anti-social behaviour, as they could be used as evidence in any later legal proceedings.

Deborah Powell is a partner at Simpson Millar. Deborah.powell@sm-commercial.co.uk

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