Tag Archive for 'ASBO'

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'We rule the estate'

By NL on 01/02/2009. 0 Comments

A local authority’s failure to effectively implement the range of sanctions for Anti Social Behaviour is the subject of a report by the Public Service Ombudsman of Wales, Case 200702044 – Conwy County Borough Council.

The whole report (there is a link on that page) is worth reading, highlighting lack of awareness, systems, procedures and apparently a disinclination to take complaints seriously on the part of the LA. Following a number of previous reports, the LA was supposedly instigating a new internal procedure during the period concerned, but it seems to have had little impact.

What is particularly clear from the report is that at virtually all levels in … Read the full post

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

Pour encourager les autres

By J on 14/11/2008. 13 Comments

Webb v Wandsworth LBC (Court of Appeal, November 12, 2008, extempore judgment and only noted in Arden Chambers Eflash 328)

Ms Webb was the secure tenant of LB Wandsworth. Between 2005 and 2006 her son was involved in a number of serious criminal and anti-social acts in the local area. In response, Wandsworth issued possession proceedings relying on Grounds 1 and 2, Sch. 2 Housing Act 1985. Shortly thereafter, an ASBO was made against the son. The son subsequently left the family home, although he would regularly return to visit his mother.

The possession trial came on in October 2007. There had been no ASB for a year and … Read the full post

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

Varying an ASBO – an (un)appealing option

By J on 31/10/2008. 1 Comment

We here at NL still haven’t decided how much ASB law to cover on the blog. On the one hand, only possession proceedings and s.153A-E Housing Act 1996 injunctions could be said to be ‘true’ housing law. But, on the other, ASB remedies are, to a very significant extent, conferred on public sector landlords, with the clear implication that they’re to be used as one of the range of remedies against/for the benefit of ones own tenants. If readers have any strong views about whether we should include more or less ASB cases, please let us know. We can’t guarantee to blog everything, but it’d be interesting to know what … Read the full post

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

ASB corner

By NL on 09/08/2008. 1 Comment

The August 2008 Legal Action contains a couple of cases concerning anti-social behaviour possession claims that weren’t recorded elsewhere.

Ealing LBC v Jama B5/08/0104 was a Court of Appeal matter. Mrs Jama was Ealing’s secure tenant of a two bed property. The household included her husband and six children. Ealing sought possession on allegations of ASB including noise nuisance, ten instances of flooding into the flat below, problems with rubbish disposal and urination in the lift. At the County Court, the judge accepted Mrs Jama had faced some harassment, but did not accept her evidence on the flooding. The judge accepted the evidence of a plumber that the flooding was … Read the full post

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