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Right to reply: Mind the gap

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

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