Eviction and antisocial behaviour orders

Having obtained injunctions to restrain conduct and protect witnesses (see last week’s Case of the Week), Moat applied for a possession order against Ms Hartless and for antisocial behaviour orders against her and her children’s father.

It relied on “live” witnesses and on hearsay evidence about their behaviour. The judge granted an outright possession order and ASBOs lasting for four years prohibiting their return to the area.

The Court of Appeal decided the judge had been wrong. He had rightly considered the effects of the behaviour on the neighbours but had overlooked: the interests of the tenant and her children in keeping their home; the lack of any previous complaints by Moat; and its failure to reserve eviction as a “last resort” as required by the tenancy agreement, by its own policies and by Housing Corporation guidance.

The court substituted a conditional possession order that would rescind after two years if there was no more trouble.

The ASBOs were set aside. They should not have been made for four years (double the minimum period) and the misconduct was not of the “persistent and serious” kind for which ASBOs were suitable. Instead, the court granted injunctions with a power of arrest (to last for two years).