000			02197cab a2200229 4500
001			L129928
008			050606n2005 000 0 eng u
035			_a(Sirsi) u129928
041			_aeng
245			_aMoat Housing Group South Limited v Carl Harris and Susan Colette Hartless
260			_c2005
520			_a[2005] EWCA Civ 287, 23 February 2005. Considers whether an Anti-Social Behaviour Injunction (ASBI) under the Housing Act 1996 s153A should have been made on a without notice application and whether the extent of the injunction should have been restricted. Appeal by appellants (H1) and (H2) against ASBIs, a possession order and Anti-Social Behaviour Orders (ASBOs) obtained by the respondent registered social landlord (M). M had applied for an ASBI without notice to oust H2 and her children immediately from her house immediately and to exclude H1, the children's father, and H2 from the area. The judge granted the injunction with a six-months power of arrest; made a possession order against H2 for alleged breaches of her tenancy agreement; and ASBOs against H1 and H2. "Held": appeal allowed. The without notice order against H2 and her children was intrusive and excessive. It was neither necessary nor proportionate to the harm sought to be avoided to make an ouster order or exclusion order without notice. The injunction should have been restricted to what was judged necessary to protect prospective witnesses and to restrain acts of nuisance. The possession order was reasonable but should be suspended. The four-year ASBOs should be set aside as completely inappropriate and injunctions substituted to control the conduct of the appellants and their children.
590			_aIKA070605
650			_aMOAT HOUSING GROUP SOUTH LTD V CARL HARRIS AND SUSAN COLETTE HARTLESS
650			_aANTI-SOCIAL BEHAVIOUR ACT 2003
650			_aHOUSING ACT 1996 S153A
650			_aANTI-SOCIAL BEHAVIOUR ORDERS
650			_aANTI-SOCIAL BEHAVIOUR INJUNCTIONS
690			_aPROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT
856			_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2005/287.html _zView the decision free of charge at www.bailii.org...
942			_n0
999			_c75352 _d75352