Antisocial behaviour injunction

Ms Hartless lived with her four children. There had been no complaint from Moat about her conduct in the three years she had been a tenant. After reports from neighbours, Moat applied – without notice – for injunctions under the new provisions of the Antisocial Behaviour Act 2003.

The judge granted orders restraining Hartless from causing nuisance and annoyance or contacting witnesses, but also excluding her from her home from 6pm that evening and preventing her returning to her home or the area around it for six months. Powers of arrest were attached.

The orders were served at 9pm that evening. Hartless was able to contact a solicitor, who phoned the emergency judge at the High Court and the eviction and exclusion provisions were “stayed” at 1.30am.

The Court of Appeal allowed an appeal against the original order. It said applications without notice should be exceptional. Landlords should seek and courts should grant only the minimum orders necessary to hold the situation until a hearing could be convened with both parties present. The orders for instant eviction and exclusion should not have been sought or made.