Housing Act 1996

153 Power of arrest for breach of other injunctions against anti-social behaviour

(1) In the circumstances set out in this section, the High Court or a county court may attach a power of arrest to one or more of the provisions of an injunction which it intends to grant in relation to a breach or anticipated breach of the terms of a tenancy.

(2) The applicant is—

(a) a local housing authority,

(b) a housing action trust,

(c) a registered social landlord, or

(d) a charitable housing trust,

acting in its capacity as landlord of the premises which are subject to the tenancy.

(3) The respondent is the tenant or a joint tenant under the tenancy agreement.

(4) The tenancy is one by virtue of which—

(a) a dwelling-house is held under an introductory, secure or assured tenancy, or

(b) accommodation is provided under Part VII of this Act or Part III of the Housing Act 1985 (homelessness).

(5) The breach or anticipated breach of the terms of the tenancy consists of the respondent—

(a) engaging in or threatening to engage in conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality,

(b) using or threatening to use the premises for immoral or illegal purposes, or

(c) allowing any sub-tenant or lodger of his or any other person residing (whether temporarily or otherwise) on the premises or visiting them to act as mentioned in paragraph (a) or (b).

(6) The court is of the opinion that—

(a) the respondent or any person mentioned in subsection (5)(c) has used or threatened violence against a person residing, visiting or otherwise engaging in a lawful activity in the locality, and

(b) there is a significant risk of harm to that person or a person of a similar description if the power of arrest is not attached to one or more provisions of the injunction immediately.

(7) Nothing in this section prevents the grant of an injunction relating to other matters, in addition to those mentioned above, in relation to which no power of arrest is attached.