Paragraph 2A of Practice Direction 51Z has been tested today in court whereby claims against trespassers are to be treated as an exception to the current stay of possession proceedings in force as a result of the COVID-19 pandemic.
Today, by way of a telephone court hearing, Zoe Glacken at Brabners attained a possession order for Your Housing Limited against “Persons Unknown” who have been trespassing at one of their social housing properties in St Helens.
The former tenant abandoned the property and the trespassers had moved in, including themselves and their visitors gaining access to the property through a smashed window. The trespassers are unknown and unauthorised occupiers and have been causing issues at the property by having gatherings, engaging in suspected drug dealing, misusing drugs and alcohol and creating noise nuisance often until the early hours of the morning. The effect of this on neighbours has been substantial including disturbed sleep and increasing their worries about the spread of coronavirus due to the trespassers’ breaches of social distancing measures.
After hearing about the situation and making a finding that the former tenant had abandoned, the court granted a forthwith possession order against the trespassers. The court also awarded Your Housing Limited damages in trespass and their full legal costs. Your Housing Limited will be able to now re-let the property to tenants in need of housing and can reassure neighbours, who are also tenants.
If you have any queries about action you can take against your tenants or other residents in your communities who are causing anti-social behaviour please don’t hesitate to get in touch with Zoe.
