header-logo header-logo

Right to reply: Mind the gap

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

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

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
In this week's NLJ, Steven Ball of Red Lion Chambers unpacks how advances in forensic science finally unmasked Ryland Headley, jailed in 2025 for the 1967 rape and murder of 75-year-old Louisa Dunne. Preserved swabs and palm prints lay dormant for decades until DNA-17 profiling produced a billion-to-one match
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
back-to-top-scroll