Reprieve for housing association cost sharing groups?
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Croftons has received praise from the Courts for successfully securing an anti-social behaviour injunction with a ‘positive requirement’ – the fourth time we have used this effective but underused legislation for one of our housing sector clients.
The positive requirement will be used to compel the defendant to undergo alcohol treatment as this was the key underlying cause of the anti-social behaviour. The judge commented that the tool was still in its infancy but he was delighted to see it used in such a positive and proactive way by the Registered Provider and its legal team.
In 2015 Croftons was the first law firm in the country to obtain a positive requirement on an injunction on behalf of a RP client - trailblazing litigation that got the attention of the sector, the media and the profession. That injunction was also for alcohol-related anti-social behaviour, and the perpetrator has continued to comply with the positive requirement and continues to do well in her alcohol detoxification.
It is Croftons’ view that such injunctions should be considered and could be used in appropriate situations and we are confident in the use and application of this legislation to consider in appropriate circumstances.
Positive requirements are an important aspect of the recent new armoury provided to RPs by parliament. Attempting to tackle root causes of anti-social behaviour, as well as the effects, can only serve to help keep communities safer and support defendants in turning their lives around and maintaining their tenancies – if they are prepared to comply with the terms of court orders.
If you would like to discuss this issue further then please get in touch with Melanie - click here.
Croftons is the trading name of Croftons Solicitors LLP, a limited liability partnership registered in England and Wales with number OC343375. The term ‘partner’, if used, denotes a member of Croftons Solicitors LLP or a senior solicitor of Croftons Solicitors LLP with equivalent standing and qualifications. A full list of members is open to inspection at the office. Croftons is authorised and regulated by The Solicitors Regulation Authority (SRA) number 508041. Croftons has its principal place of business at The Lexicon, Mount Street, Manchester, M2 5FA.