Tag Archive for 'ASB'

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Unwelcome in the valleys

By NL on 14/09/2009. 0 Comments

While we are in Wales and with thanks to the Garden Court housing bulletin, we report an Ombudsman’s decision Complaint against Cardiff CC 200702358 [pdf]

Mr Davies and Miss Brown complained about Cardiff Council’s failure to deal with noise nuisance and threatening behaviour from Mr Williams over a period of some years. All parties were Council tenants, Mr Williams lived in the flat below the complainants.

The Council’s failure to deal with Mr Williams had been the subject of a previous Ombudsman’s report in 2007 (200501496/7/8), which had made extensive recommendations on Cardiff’s handling of ASB. Mr Williams had been transferred, but to a nearby flat, in the course of … Read the full post

Posted in ASB, Housing law - All, Introductory and Demoted tenancies, Possession and secure-tenancy. Tags: , , , , .

What is "housing-related conduct?"

By J on 12/09/2009. 0 Comments

Swindon BC v Redpath [2009] EWCA Civ 943

By s.153A(1) Housing Act 1996, a variety of social landlords, including local housing authorities, may apply for an injunction to restrain a person from engaging in “housing-related” anti-social behaviour. That means conduct which directly or indirectly related to or affects the housing management functions of the landlord.

Mr Redpath was a secure tenant of Swindon BC (“Swindon”). In February 2003 he had been convicted at Swindon Magistrates’ Court for failing to provide a specimen for analysis and other driving offences. A neighbour, Mr Johnson, had reported Mr Redpath to the police in respect of this incident and, as a result of this, … Read the full post

Posted in ASB and FLW case note. Tags: , .

Webb v Wandsworth LBC – Take 2

By J on 29/08/2009. 0 Comments

We first noted Webb v LB Wandsworth [2008] EWCA Civ 1643 in November 2008 when it was discussed in an Arden Chambers eflash. Earlier this week, the transcript was finally released. Slightly later this week, it was corrected so as to make sense. Thus, 9 months after the decision, we can finally tell you what Sedley LJ was actually saying.

Ms Webb was (and, as far as I know, still is) the secure tenant of the London Borough of Wandsworth. One of her children had been engaging in serious anti-social behaviour in and around Ms Webb’s home. By the time of trial, he was no longer residing with Ms Webb … Read the full post

Posted in ASB, FLW case note, Housing law - All, Nuisance, Possession and secure-tenancy. Tags: , , , .

Pinnock and Proportionality

By Dave on 31/07/2009. 9 Comments

The CA have just handed down judgment in Manchester CC v Pinnock[2009] EWCA Civ 852, concerning the evidence that can be taken into account to justify a breach of a demoted tenancy at a review panel, the proper role of the County Court in such a circumstance, and the standard to be applied on a judicial review of a review panel decision. It is significant then in the context of demoted tenancies and demonstrates also that the proportionality standard is subject-specific. Manchester won by the way, although, no doubt Richard Drabble QC will seek leave to appeal as it was conceded that the CA was bound by Gilboy as … Read the full post

Posted in ASB, FLW case note, Housing law - All, Introductory and Demoted tenancies and secure-tenancy. Tags: , , , .

What do you want me to do about it?

By J on 27/07/2009. 0 Comments

Noise abatement notices are governed by Part 3, Environmental Protection Act 1990 (as amended). They are not ‘pure’ housing law but they are frequently used in a housing context, particularly when dealing with noise-related complaints of anti-social behaviour.

In Elvington Park Ltd and another v City of York Council [2009] EWHC 1805 (Admin), Silber J considered the content of a noise abatement notice. The appellants had been convicted by the Magistrates’ Court for causing a  noise nuisance, contrary to s.79(1)(g), 1990 Act, by allowing their airfield to be used for Formula 1 car testing and other motor-vehicle events. They appealed, both to the Crown Court and then to the High … Read the full post

Posted in ASB, Disrepair, FLW case note, Housing law - All and Nuisance. Tags: , , , , .

Mistaken on Undertaking

By NL on 17/07/2009. 10 Comments

nuisanceAs a reminder, in case one were needed, that undertakings to the Court in ASB cases should be considered very carefully indeed comes Circle 33 Housing Trust Limited v Kathirkmanathan (2009) CA (Civ Div) 16/7/2009 [Not on Bailii yet, available as note on lawtel].

The appellant, Mr K, was a tenant of Circle 33. He had given an undertaking to the Court “not to engage, or encourage others to engage, in conduct capable of causing a nuisance or noise” in proceedings brought following complaints about noise from the flat below. There were further complaints of noise and Circle 33 sought committal. The Court below found that although the undertaking was … Read the full post

Posted in ASB, FLW case note and Housing law - All. Tags: , .

Defamation and anti-social behaviour

By Francis Davey on 14/07/2009. 9 Comments

Clift v Slough Borough Council [2009] EWHC 1550 considers the extent to which a local authority has an interest or duty to pass on allegations about anti-social behaviour to its employees and contractors for the purposes of the defence of qualified to a claim for defamation. It is also an example of the all too common situation of a victim being targeted as a perpetrator.

Background

On the morning of 11 August 2005 Mrs Clift witnessed a group of five people in the public park drinking. A child of about 3 years of age was pulling plants up from a flower bed and damaging other plants. Ms Clift protested at … Read the full post

Posted in ASB, FLW case note and Housing law - All. Tags: , .
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