An effective way to deal with anti-social behaviour

We helped Redditch Borough Council deal with a problem tenant to improve the lives of local residents.   

Redditch Borough Council asked Anthony Collins (AC) for legal advice last year to help tackle the anti-social behaviour of one of their tenants, Gemma*, and her associates.

Gemma had been known to the local police for some time for various criminal activities, including theft, criminal damage and threatening behaviour. She and her associates were causing regular disturbances around her rented home and destroying her neighbours’ quality of life.

As a result, the council received several complaints regarding loud verbal and physical assaults together with reported incidents of targeted racial abuse. Gemma had been given a community protection notice by the police, but this hadn’t made any difference and she was sent to prison.

Using the right legal tools 

Although Gemma was the only person on the tenancy agreement, her associates continued to visit her home in her absence, breaking in, causing damage and behaving in an anti-social way.

Registered providers of social housing normally use injunction orders to tackle this sort of anti-social behaviour at their properties. But for these injunctions to work the provider must know the identity of all the people they want to exclude. In this case, Gemma had a wide network of associates, many of whom were not known to the landlord, so an injunction order wasn’t appropriate for this situation.

An immediate and long-term solution  

The council needed to tackle the anti-social behaviour of Gemma’s visitors and stop their property from being permanently damaged.       

Our housing law experts recommended the council apply for a closure order that would restrict anyone apart from Gemma from being able to access the property. Closure orders are relatively rare and only available to local authority landlords and the police. They’re used as a temporary measure but are highly successful in combatting serious or prolonged incidents of anti-social behaviour.

This was the first such order Redditch Council had ever applied for and, with our guidance, they were granted it at the first hearing. The order also gave the community some much-needed breathing space while the associated possession claim was heard.

“This was a complex and sensitive case involving many aspects of high-level anti-social behaviour. Anthony Collins was pivotal in discussing a range of options with us to bring peace to a community which had been suffering such behaviour over a sustained period.”
Jonathan Elger, council officer. 

Giving a clear message

The closure order was breached by one of Gemma’s associates who broke into the property. But, under the terms of the order, they were arrested and removed from the property. This gave a powerful message to Gemma and her associates that action would be taken. It also provided reassurance to the local community.

Gemma was able to return to the property when she came out of prison but was later evicted and the council were granted possession of the property.  

At a time when demand for social housing outstrips supply, our approach meant the council was able to re-let the property to someone in social need who would not misuse it. And Gemma’s neighbours could live in an environment free of intimidation, harassment and distress.

“A great example of clear and guided decision making between the Neighbourhood and Tenancy Team and Anthony Collins that led to successful court outcomes and the community feeling safe in their homes again.”
Jonathan Elger, council officer.

“Our broad knowledge of the enforcement options available to landlords like local authorities, including the more uncommon ones, enabled us to put quick and effective protection in place which wouldn’t have been possible with injunctions.”  
Rebecca Sembuuze, associate, Anthony Collins   

*Tenant’s name has been changed.