Success in the County Court: Tackling Anti-Social Behaviour (ASB)

This week, I appeared in the County Court on behalf of Redditch Borough Council in two matters seeking to tackle serious ASB.

Possession proceedings

The first matter concerned possession proceedings against a tenant who had engaged in, and permitted, persistent ASB (primarily drug-related activity), at and around their property. This conduct continued despite an ASB Injunction Order having been made against them in May 2026.

At the first hearing (August 2026) the Defendant indicated an intention to defend the claim and was directed to file a Defence within 28 days. Despite repeated efforts to support compliance with this direction, no Defence was submitted.

Further reports of anti-social behaviour were received following the first hearing, and I advised the Claimant to submit updated witness evidence ahead of the second hearing to strengthen the claim.

The Defendant was represented by the duty adviser at the hearing, who sought a further opportunity for the Defendant to file a Defence, citing difficulties in obtaining legal representation. No evidence was provided in support of that assertion.

I strongly opposed this request and sought an outright order for possession, citing Civil Procedure Rule 55.8 which gives the court power to “decide the claim” if the Defendant is unable to show that it is “genuinely disputed on grounds which appear to be substantial”.

Case law confirms that the same test for summary judgment is to be used to determine this, namely that the Defendant must show that they have a “real prospect of success” in defending the claim. 

Having regard to the updating evidence, the Defendant's non-compliance with court directions, and the absence of evidence regarding their attempts to obtain legal representation, the Court granted an outright possession order requiring the Defendant to give possession of the property to the Claimant within 14 days.

This was a positive outcome and will be a relief to those who have been impacted by the ongoing ASB once possession of the property is recovered. Significant court time and costs have also been saved. 

ASB injunction

The second matter concerned an application for an ASB Injunction under the Anti-Social Behaviour, Crime and Policing Act 2014 against a tenant and a named occupant.

The tenant had made serious threats of violence towards a neighbour (supported by video evidence) while the occupant was involved in drug-related activity.

At the first hearing (September 2026), the occupant consented to an injunction, but the tenant contested the application and was directed to file a witness statement within 21 days and provide video evidence said to contradict the victim’s footage within seven days.

The tenant failed to comply with either direction but attended the second hearing and was represented by the duty adviser.

Given the strength of the video evidence and the likely costs and court resources that would be required to progress the matter to a contested hearing, I engaged in pre-hearing settlement discussions. Those negotiations resulted in the tenant consenting to an injunction order with power of arrest.

The matter has now concluded, and it is hoped that the injunction will prevent any recurrence of the ASB.

With ASB Injunctions to be replaced by Housing Injunctions and Respect Orders on 26 October 2026, this is likely to be one of the final applications of its kind to be dealt with in the County Court. 

For more information on the changes to replace ASB Injunctions with Housing Injunctions and Respect Orders please see our other blogs here, here and here.                   

If you require any assistance in tacking ASB, please contact us.