Ever since COVID-19 restrictions came into force, there has been much debate over whether exclusion orders are appropriate – to remove someone from their home during lockdown.
Landlords may have good reason to do so. But the safety of an individual, and the risks associated with them being uprooted from their home, makes it a delicate balance for lawyers and the courts. However, there are occasions when it is necessary and appropriate.
We have recently faced this very dilemma – where a landlord wanted to remove someone for persistent anti-social behaviour, violence and breaching the COVID-19 restrictions.
The problem
In this case, the Defendant was not a tenant but a ‘permitted occupier.’ He had lived with the tenant from the very start of the rental agreement. The landlord wasn’t aware of any other address for him. So, the property was therefore regarded as his home.
The landlord was first made aware of the anti-social behaviour on 14 April 2020. Police attended the property a number of times after neighbours reported regular parties at the home, contravening social distancing rules, as well as loud music playing throughout the night and drug use.
There were additional complaints of fighting between the Defendant and visitors. Over the Easter bank holiday weekend, the police had attended 6 times and, overall, had attended 14 times since the end of March 2020.
The landlord had to act and felt the only way to protect other residents and the community at large was an order excluding the Defendant from the property. Police intervention had done nothing to curb the behaviour, nor the flouting of the social distancing rules.
On the other hand, would an exclusion force the Defendant to continue to flout the social distancing rules by having to move in with another household – or place more pressure on the local authority homeless services?
It was a fine balance in our opinion and the landlord felt very strongly that, in this case, the interests of the community far outweighed those of the Defendant.
The result
On 4 May 2020, our housing management team secured a without notice injunction that included a term prohibiting the Defendant from returning to the property that had been the source of the anti-social behaviour. The injunction was made final at a return hearing on 12 May 2020.
The court agreed with the landlord that the interests of the community came first, and needed little persuasion to grant the injunction or the exclusion. It is hoped that the order will bring some much-needed respite and relief to the community.
It’s comforting to know that in the right circumstances, the safety and well-being of law-abiding innocent members of the community will not be comprised.
