Section 13 Power to exclude person from home in cases of violence or risk of harmI1
F1A housing injunction may have the effect of excluding the respondent from the place where he or she normally lives (“the premises”) only if—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the injunction is granted on the application of—
a local authority,
the chief officer of police for the police area that the premises are in, or
if the premises are owned or managed by a housing provider, that housing provider, and
the court thinks that—
the F3housing-related anti-social conduct in which the respondent has engaged or threatens to engage consists of or includes the use or threatened use of violence against other persons, or
there is a significant risk of harm to other persons from the respondent.
For the purposes of this section a housing provider owns a place if—
the housing provider is a person (other than a mortgagee not in possession) entitled to dispose of the fee simple of the place, whether in possession or in reversion, or
the housing provider is a person who holds or is entitled to the rents and profits of the place under a lease that (when granted) was for a term of not less then 3 years.
Annotations
Textual amendments
- F1
Words in s. 13(1) substituted (26.10.2026) by Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 1 para. 14(2) (with s. 2(3)); S.I. 2026/960, reg. 4(g)
- F2
S. 13(1)(a) omitted (26.10.2026) by virtue of Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 1 para. 14(3) (with s. 2(3)); S.I. 2026/960, reg. 4(g)
- F3
Words in s. 13(1)(c)(i) substituted (26.10.2026) by Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 1 para. 14(4) (with s. 2(3)); S.I. 2026/960, reg. 4(g)
Commencement
- I1
S. 13 in force at 23.3.2015 by S.I. 2015/373, art. 4(a)
Notes on Part 1
Modifications
- C1
Pt. 1 applied (with modifications) (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 20(3)