Successful nuisance neighbour/anti-social behaviour possession claim

Civil Law

28 November 2023

Paul acted for the local authority in a nuisance neighbour/anti-social behaviour possession claim. There had been a long history of issues between two neighbours resulting in repeated interventions and attendance by the Police and Local Authority and culminating in possession proceedings.

The Claim was issued relying on several hundred allegations, based on a single neighbour’s “nuisance diary” and including several video clips of alleged incidents, with the tenant/Defendant’s Defence providing detailed responses denying the incidents or indicating the complainant had either provoked the situation or exaggerated the extent of the tenant’s activities, and that the complainant “didn’t like her and just wanted her out”.

Paul considered the evidence and prepared a “Scott Schedule” selecting and identifying 20 key incidents which were to be relied on, and presented the authorities’ case at the three-day hearing.

The court found 18 of the incidents relied on to be proved and made an outright order for possession in 21 days, granted an injunction preventing the tenant from harassing the complainant, and ordered the tenant to pay the Authority’s costs.

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