OpenLegislation

Paragraph 3 I1I2

England and Wales

After section 1 insert—

“Power to grant housing injunctions

1A
(1)

A court may grant an injunction under this section (a “housing injunction”) against a person aged 18 or over (“the respondent”) if two conditions are met.

(2)

The first condition is that the court is satisfied, on the balance of probabilities, that the respondent has engaged or threatens to engage in housing-related anti-social conduct (see section 2).

(3)

The second condition is that the court considers it just and convenient to grant the injunction for the purpose of preventing the respondent from engaging in housing-related anti-social conduct.

(4)

A housing injunction may for the purpose of preventing the respondent from engaging in housing-related anti-social conduct—

(a)

prohibit the respondent from doing anything described in the injunction;

(b)

require the respondent to do anything described in the injunction.

(5)

Prohibitions and requirements in a housing injunction must, so far as practicable, be such as to avoid—

(a)

any interference with the times, if any, at which the respondent normally works or attends any educational establishment;

(b)

any conflict with the requirements of any other court order or injunction to which the respondent may be subject.

(6)

A housing injunction must—

(a)

specify the period for which it has effect, or

(b)

state that it has effect until further order.

(7)

A housing injunction may specify periods for which particular prohibitions or requirements have effect.

(8)

An application for a housing injunction must be made to the High Court or the county court, subject to any rules of court made under section 18(2).

(9)

A court may treat an application for a housing injunction as an application under section A1 (power to make respect orders) for an order under that section.”

Annotations

Commencement

I1

Sch. 1 para. 3 not in force at Royal Assent, see s. 255(1)

I2

Sch. 1 para. 3 in force at 26.10.2026 by S.I. 2026/960, reg. 4(g)