C1PART 1Injunctions

Annotations:
Modifications etc. (not altering text)

Exclusion from home

I113Power to exclude person from home in cases of violence or risk of harm

1

An injunction under section 1 may have the effect of excluding the respondent from the place where he or she normally lives (“the premises”) only if—

a

the respondent is aged 18 or over,

b

the injunction is granted on the application of—

i

a local authority,

ii

the chief officer of police for the police area that the premises are in, or

iii

if the premises are owned or managed by a housing provider, that housing provider, and

c

the court thinks that—

i

the anti-social behaviour 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

ii

there is a significant risk of harm to other persons from the respondent.

2

For the purposes of this section a housing provider owns a place if—

a

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

b

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.