Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
Filter by Categories
Allocation
ASB
Assured Shorthold tenancy
assured-tenancy
Benefits and care
Deposits
Disrepair
Homeless
Housing Conditions
Housing law - All
Introductory and Demoted tenancies
Leasehold and shared ownership
Licences and occupiers
Mortgage possession
Nuisance
Possession
Regulation and planning
right-to-buy
secure-tenancy
Succession
Trusts and Estoppel
Unlawful eviction and harassment
By J
18/03/2009

Not taking the hint

Just a short note about an ASBO case that was decided in the Divisional Court today – Birmingham City Council v Dixon (18.3.09).

Imagine, if you will, that a local authority applies for an ASBO against “X”. After the application is issued, but before the final hearing, X continues to act in an anti-social manner. Can the local authority rely on those “new” incidents in the substantive ASBO application?

Yes, said the Divisional Court. It goes both to propensity to carry out the original acts of ASB complained of and certainly goes to the necessity (see s.1(1)(b) Crime and Disorder Act 1998) to make the order. If, however, the local authority wants to rely on those acts so as to prove that the defendant has acted in an anti-social manner (see s.1(1)(a) Crime and Disorder Act 1998), then it would need to seek leave to amend the original complaint.

Posted in: ASB | Housing law - All
J is a barrister. He considers housing law to be the single greatest kind of law known to humankind and finds it very odd that so few people share this view.

0 Comments

Leave a Reply (We can't offer advice on individual issues)

This site uses Akismet to reduce spam. Learn how your comment data is processed.