In this article Lis Bradshaw looks at the new antisocial behaviour legislation coming into force on 30 June 2004. It is essential reading as it forms the back bone of the Government's antisocial behaviour strategy. The articles look at new injunctive powers, policy requirements and demotion of tenancies.

Antisocial Behaviour Injunctions S153 A-E Housing Act 1996 As Amended By Antisocial Behaviour Act 2003

The Act repeals sections 152 and 153 of the Housing Act 1996 and inserts section 153A. This section relates to conduct which:-

1 is capable of causing a nuisance or annoyance; and

2 directly or indirectly relates to or effects the landlord’s housing function.

The court will grant an injunction if:-

1. a person is engaging in or threatens to engage in such conduct (a nuisance or annoyance which effects the landlord’s housing function); and

2. the conduct is capable of causing a nuisance to either:-

2.1. someone residing in the landlord’s property by virtue of a tenancy, licence or long lease; or

2.2. those residing in other accommodation in the neighbourhood, for example, owner occupiers and tenants of other landlords; or

2.3. those engaging in a lawful activity in the locality which includes visiting premises in the locality, using local facilities, passing through the locality or working in the neighbourhood; or

2.4. persons employed in connection with the landlord’s housing management functions, for example, staff employed in connection with the management of the landlord’s stock. The county court can also grant an injunction under section 153B where a tenant or visitor is using the accommodation, or threatens to use the accommodation, for an unlawful purpose.