Anti-Social Behaviour Injunction UK: Housing Guide

Overview

An anti-social behaviour injunction is a civil court order made under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014. It replaced the older ASBO regime and the previous housing injunction routes, bringing them together into a single tool that a wider range of bodies can apply for.

Typical applicants include local councils, housing associations, private registered providers of social housing, the police, and in some cases Transport for London or the Environment Agency. The order tells a named person to stop doing certain things, and it can also require them to take positive steps, such as attending a course aimed at addressing the behaviour.

Conduct covered ranges from persistent noise and intimidation, through drug dealing from a flat, to harassment of neighbours or housing staff. Where the property is residential, the threshold is 'nuisance or annoyance' rather than the higher 'harassment, alarm or distress' test used in non-housing contexts. Breach is not a criminal offence, but it is a contempt of court and can carry a prison sentence.

Key steps

1. Work out whether the behaviour qualifies. The Act uses two different tests depending on the setting. For housing-related cases, the court looks at conduct capable of causing nuisance or annoyance to someone in connection with residential premises. Elsewhere, the test is conduct causing or likely to cause harassment, alarm or distress. Knowing which test applies shapes the whole application.
2. Gather evidence early and keep it structured. Courts expect more than a list of complaints. Diaries of incidents with dates and times, incident reports from housing officers, witness statements from neighbours, police logs, CCTV, and correspondence all build the picture. Professional witness evidence from housing staff often carries real weight where neighbours are reluctant to attend court in person.
3. Consider whether an interim order is needed. If the situation is urgent, an applicant can ask the court for an interim injunction before a full hearing takes place. The court will weigh the seriousness of what is alleged against the potential impact on the respondent, and may grant an order pending trial if the balance points that way.
4. Understand what the order can contain. An injunction can prohibit specific acts, such as entering a named road or contacting a particular person, and can also impose positive requirements. A power of arrest may be attached where the conduct involves violence, the threat of violence, or a significant risk of harm, allowing the police to arrest for suspected breach without a warrant.
5. Know the consequences of breach. Because these are civil orders, breach is handled as contempt of court rather than a criminal charge. The County Court can impose a custodial sentence of up to two years, a fine, or both. For adults, committal for breach can also trigger mandatory possession proceedings where the tenancy is a secure or assured one, so the stakes extend beyond the injunction itself.

Common questions