header-logo header-logo

12 June 2014 / Robin Denford
Issue: 7611 / Categories: Opinion , Landlord&tenant , Property
printer mail-detail

Right to reply: Mind the gap

Robin Denford raises questions over the removal of the power to restrain a breach of tenancy injunction

I read with interest the article by Kirsty Varley in NLJ (“Mind the gap”, NLJ, 23 May 2014, p 11). 

With the greatest of respect to Ms Varley, I do not see that the removal of the power to restrain a breach of tenancy injunction is a significant loss with the re-enactment of tools and powers formerly contained within the Housing Act 1996 (HA 1996). 

Council experience

Since the 1996 legislation was created, my authority has successfully sought many hundreds of anti-social behaviour injunctions under s 153 of HA 1996. In very few cases has the use of s 153D been a significant part of the relief sought. 

My council’s own tenancy conditions do make the tenant responsible for the acts of his visitors. It is however, very rarely the case that the tenant is a passive actor. Conduct which is in breach of tenancy conditions which is serious enough

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll