Anti Social Behaviour Injunctions available from 23 March 2015

As you will know, the majority of the Act was implemented in October 2014, while Part 1 was delayed at the last minute to resolve legal aid issues for Respondents. We were assured a January start date, but January came and went.

Now mid-February, we can prepare ourselves for its enforcement next month.

Recap: What does Part 1 say?
Part 1 of the Act introduces a civil injunction to replace both “Housing Act” injunctions (ASBIs), and Anti-social Behaviour Orders (ASBOs).

It gives courts the power to grant injunctions against anyone over the age of 10 who has engaged (or threatened to engage) in anti-social behaviour.

Previously, we could only seek injunctions against people over the age of 18, while ASBOs have always been available against minors aged 10 and over.

As well as prohibiting unwanted behaviour, the new injunctions can contain positive requirements, forcing defendants to take remedial action.

This could include attending an educational or rehabilitation course, for example. There is some uncertainty in the sector as to how these provisions will be dealt with: will housing providers be expected to enforce such requirements before possession will be deemed proportionate? Will there be funding available and do the relevant agencies have capacity? We will have to wait and see.

You can still seek to attach a power of arrest to these new injunctions in the event of a breach, and Part 1 also allows the Court to issue a warrant of arrest where there are reasonable grounds to believe there has been a breach of the injunction.

Importantly, under Part 5 of the Act, if any of the provisions of a new Part 1 injunction is breached, housing associations and local authorities will be able to seek possession of the property on the new mandatory Ground 7A, Schedule 2 Housing Act 1988 or s.84A Housing Act 1985 respectively.

This may mean that injunctions are more heartily fought, and defendants might well be increasingly advised to offer undertakings in an attempt to pacify landlords.

What does this mean for me?
For now, ASBIs and ASBOs remain available to you for combating anti-social behaviour. On 23 March 2015, both of these remedies will be replaced by Part 1 injunctions.

You should ensure that you are familiar with the new powers in time for the commencement date, as well as ensuring that your precedent documents reflect the changes.

Where can I get further information?
For more information about Part 1 or other housing law queries, please get in touch.