ASB Injunctions

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Even though no new possession claims can be issued until at least the end of June, and there is no progress being made with existing possession claims, the Courts are still dealing with injunctions as priority 1 work that must be done.

Injunctions are an important tool for social housing landlords to effectively manage their housing stock and to protect their tenants. As all notices of seeking possession (regardless of the ground a landlord is seeking to rely on) must currently give tenants 3 months’ notice, an injunction can be a way of quickly dealing with problems as they arise.

Applications can still be made without notice and sent to the Court by email or post and the first hearing can be dealt with remotely, usually by telephone. We are successfully obtaining injunctions with both exclusion orders and power of arrest attached to them. The Courts are becoming more creative when it comes to service of papers. They can look at emails or texts, with the papers being sent by post. An application for alternative service should be made at that first hearing.

When it comes to a return date for a without notice injunction, the Court can invite the defendant to attend the Court building in person, with the claimant and witnesses attending the hearing remotely, either by telephone or Skype, or the hearing can be dealt with completely remotely. If the defendant fails to attend the hearing, the Court can still make a final order in the defendant’s absence.

The fact that a defendant contests an injunction does not mean that the proceedings will be put on hold, as the Court will continue to deal with the case and the hearings may be carried out remotely, or with one party attending the Court building and the other party attending remotely

Committal hearings are also classed as priority 1 work and any breach of an injunction will be dealt with.

When it comes to injunctions, it is business as usual.