Swindon Borough Council v Redpath [2009] EWCA Civ 943 (11 September 2009)

Swindon Borough Council v Redpath [2009] EWCA Civ 943 (11 September 2009)

The Court held that the anti-social behaviour of Mr Redpath, although he was no longer a tenant, was 'housing-related conduct' within the meaning of section 153A(1) of the Housing Act 1996 because it directly or indirectly related to or affected the Council's housing management functions, particularly the well-being and safety of its tenants and the neighbourhood. The statutory language and legislative history support a broad interpretation, and the Council retained jurisdiction to seek an ASBI in these circumstances.

Citation
[2009] EWCA Civ 943
Parties
Respondent / Claimant: Swindon Borough Council; Appellant / Defendant: Michael Redpath
Jurisdiction
England and Wales
Judgment Date
11 September 2009
Procedural Posture
Appeal From County Court (civil) / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Anti Social Behaviour Injunctions (asbi), Interpretation of 'housing Related Conduct', Jurisdiction of Local Authorities, Housing Management Functions, Statutory Interpretation
Housing Law Civil Procedure Local Government Law Anti Social Behaviour Injunctions (asbi) Interpretation of 'housing Related Conduct' Jurisdiction of Local Authorities Housing Management Functions Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 16 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Swindon Borough Council

Respondent / Claimant

Michael Redpath

Appellant / Defendant

Procedural Posture

Appeal From County Court (civil) / Appeal Judgment

Legal Issues

  1. 1 Whether the anti-social behaviour of a former tenant can be considered 'housing-related conduct' under section 153A(1) of the Housing Act 1996 for the purpose of granting an ASBI.
  2. 2 Whether the local authority retains jurisdiction to seek an ASBI against a former tenant whose conduct affects both council tenants and owner-occupiers in the neighbourhood.

Ratio Decidendi

The Court held that the anti-social behaviour of Mr Redpath, although he was no longer a tenant, was 'housing-related conduct' within the meaning of section 153A(1) of the Housing Act 1996 because it directly or indirectly related to or affected the Council's housing management functions, particularly the well-being and safety of its tenants and the neighbourhood. The statutory language and legislative history support a broad interpretation, and the Council retained jurisdiction to seek an ASBI in these circumstances.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The third anti-social behaviour injunction (ASBI) granted by Judge Wade on 21 July 2008 remains in force.