Renting Homes: The Final Report - Law Commission

(2) there is a risk of significant harm to any person. 16
9.11 The exclusion order may prohibit the contract-holder against whom it is made
from entering or being in:
(1) any premises specified in the injunction (including the premises subject
to the occupation contract); or
(2) any area specified in the injunction. 17
9.12 The injunction may also require the contract-holder to exclude from the premises
subject to the occupation contract any person specified in the injunction. 18
Power of arrest
9.13 Where a court grants an injunction to a community landlord or a registered charity
it may also attach a power of arrest. 19
9.14 Where a landlord has sought an ex parte injunction, in deciding whether to attach
a power of arrest, the court must consider:
(1) whether it is likely that the landlord will be deterred or prevented from
seeking the attachment of a power of arrest if the court does not attach it
immediately; or
(2) whether the respondent is aware of the proceedings but is deliberately
evading service, and the landlord or another person will be seriously
prejudiced if the decision to attach a power of arrest is delayed. 20
If the court attaches a power of arrest at this point, the respondent must have the
opportunity to make representations as soon as reasonably practicable. 21
16 Cl 53(1).
17 Cl 53(2).
18 Cl 53(3).
19 Cl 54(1). The period for which this power lasts may be shorter than the period of the
injunction: cl 54(2). The court has power to vary or discharge the power, on the application
either of the landlord or the contract-holder: cls 54(3) to (5).
20 Cls 55(2) to (4).
21 Cl 55(5).
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