Renting Homes: The Final Report - Law Commission

9.15 The power of arrest may be exercised by a constable who has reasonable cause
to suspect that a person is in breach of the term or in contempt of court. 22 The
constable must inform the landlord, 23 and bring the person before a relevant
judge within 24 hours. 24 If an injunction was granted without a power of arrest
attached, and the landlord thinks the injunction is being broken, the landlord may
apply to the relevant judge to issue an arrest warrant. 25
9.16 Following arrest, the court has power to remand the respondent, 26 and also to
remand for medical examination if it seems a medical report may be required. 27
Imposition of standard contract
9.17 Where a community landlord or registered charity has entered into a secure
contract, and the contract-holder has broken the prohibited conduct term, the
landlord may apply to the court for an order imposing a standard contract in place
of the secure. 28 This procedure, effectively demoting the contract-holder, may be
used as an alternative to eviction where a landlord wants to work with the
contract-holder to improve behaviour.
9.18 The court may not make this order unless it is satisfied that:
(1) the contract-holder is in breach of the term;
(2) it would have made an order for possession on the breach of contract
ground in reliance only on this breach;
(3) the landlord will provide a programme of social support for the contractholder,
designed to prevent prohibited conduct; and
(4) it is reasonable to make the order. 29
22 Cl 56(1).
23 Cl 56(2).
24 Cl 56(3). Christmas Day, Good Friday and Sundays do not count: cl 56(4). The relevant
judge is a High Court judge if the injunction was granted in the High Court; otherwise any
county court judge or district judge: cl 63(2).
25 Cls 56(5) and (6). The warrant cannot be issued unless the landlord’s application is
substantiated on oath and the relevant judge has reasonable grounds for believing the
person against whom the injunction was made has failed to comply with it: cl 56(7).
26 Cl 57. The power to remand is subject to detailed provisions set out in sch 3 to the Bill.
27 Cl 58.
28 Cls 59(1) and (2).
29 Cl 59(3).
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