Pursuant to section 1 of the Anti-Social Behaviour Crime and Policing Act 2014 (“the 2014 Act”), a court may grant an injunction against a person aged 10 or over if two conditions are met. The first condition is the court is satisfied on the balance of probabilities that the respondent has engaged or threatened to engage in anti-social behaviour.
Anti-social behaviour is defined in section 2 of the 2014 Act as conduct that has caused or is likely to cause harassment, alarm or distress to any person, conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises or conduct capable of causing housing related nuisance or annoyance to any person.
The second condition is that the court considers it just and convenient to grant the injunction for the purpose of preventing the respondent from engaging in anti-social behaviour.
Whilst many applications for anti-social behaviour injunctions are made on notice, some are made ex parte pursuant to section 6 of the 2014 Act.
In circumstances where the respondent has engaged or threatened to engage in or used threats of violence against another person; or there is significant risk of harm to others from the respondent, the court may attach a power of arrest pursuant to section 4 of the 2014 Act.
Our team of barristers are experienced in obtaining and defending anti-social behaviour injunctions, working across the midlands for landlords and respondents.
If you require assistance with an anti-social behaviour injunction please get in touch with our clerks on 0115 941 8851 or e-mail civil@kchgardensquare.co.uk.