Renting Homes: The Final Report - Law Commission

(4) the grant of an injunction to a community landlord can be linked with an
order excluding the person injuncted from the premises, or from any area
specified in the injunction, 4 or requiring the person injuncted to exclude
any other person from the premises;
(5) similarly a power of arrest may be attached to the injunction;
(6) injunction proceedings and possession proceedings can be dealt with
together;
(7) landlords can seek the demotion of a secure contract-holder to a
standard contract as an alternative to eviction.
9.5 Our objective is to strike an appropriate balance between the interests of
contract-holders and their families; of neighbours and others in the vicinity of the
contract-holder; and of the landlord. We accept that there are circumstances in
which firm and speedy action is required to stop or prevent some wholly
undesirable act from taking place. At the same time, and as many emphasised in
their responses to us, we want to ensure that families whose behaviour is
causing distress and alarm to others can receive the assistance they need to
change their behaviour to something more socially acceptable.
9.6 Although the Bill does not provide specifically for the repeal of any other statutory
provisions, these new provisions would supersede section 153D of the Housing
Act 1996 (injunction against breach of tenancy agreement), which could therefore
be repealed. Clause 214 of the Bill also provides for the repeal of s 153A(4)(d) of
that Act.
PROHIBITED CONDUCT
Fundamental term
9.7 All occupation contracts contain a fundamental term relating to prohibited
conduct. There are four elements to the term.
(1) A contract-holder may not use or threaten to use violence against a
person lawfully living in the premises, 5 or do anything which creates a
risk of significant harm to such a person. 6
(2) A contract-holder may not engage or threaten to engage in conduct that
is capable of causing nuisance or annoyance to:
(a) a person living in the locality of the premises; or
(b) a person engaged in lawful activity in, or in the locality of, the
premises. 7
4 This is similar to the power in section 153C of the Housing Act 1996, inserted by the Antisocial
Behaviour Act 2003, but by requiring a risk of significant harm, as opposed to a
significant risk of harm, arguably sets a higher threshold. The courts will examine
applications for such exclusion orders carefully, to see whether they are proportionate in
the circumstances: see Moat Housing Group v Harris and Hartless [2005] EWCA Civ 287.
5 Cl 51(1).
6 Cl 51(2).
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