Legal action we can take
Updated: 15 Jan 2019
In circumstances where conciliation or early intervention have failed, or where the ASB is of a very serious nature, we will use our legal powers to enforce action. These legal powers include:
We can seek repossession of a Housing Executive tenancy where it can be demonstrated to the County Court that it is reasonable to do so and where evidence is available to show that the behaviour of the tenant (or a person living in or visiting the property) is guilty of conduct that has caused nuisance or annoyance.
An injunction is an order made by the County or High Court, instructing an individual to stop acting in a certain way.
We may initiate these proceedings not only in respect our own tenants, but also in cases where the nuisance involves an owner occupier, private tenant, or temporary accommodation provided by us.
Following the award by the court of an injunction, should the nuisance behaviour continue, then the individual will face further legal action and possibly a prison sentence.
Anti Social Behaviour Order (ASBO)
The Housing Executive, the PSNI and the local councils, may apply to a Magistrates Court for an ASBO. An ASBO is a civil order which prohibits an individual from further acts or conduct that would cause harassment, alarm or distress to one or more person not of the same household as the individual.
An ASBO may be obtained in respect of any person aged 10 years old and upwards. Breach of an ASBO is a criminal offence and could involve the individual being given a custodial sentence.