Breach of Tenancy Injunctions

Injunctions are a common legal tool used to gain access to a property, especially for essential safety checks such as gas and electrical inspections. However, injunctions can also be applied in a range of other breach of tenancy situations. 

Property & Garden Conditions

When dealing with property or garden conditions, the first step is to review the tenancy agreement to identify clauses requiring tenants to maintain the property and garden. This includes ensuring the property is free from rubbish and that the garden remains tidy. An injunction can compel the tenant to allow access for an inspection, clear the property and/or the garden, and maintain the property or garden in good condition.

Pets

The tenancy agreement will outline whether tenants are allowed to have pets, and under what conditions. It is crucial to identify whether permission is required to have a pet, whether it can be revoked, or whether retrospective permission can be obtained. An injunction can be used to address breaches relating to unapproved pets, or issues related to controlling pets. In some cases, an injunction can compel the tenant to rehome a pet.

Unauthorised alterations

Many tenancy agreements prohibit tenants from making alterations to the property without landlord’s prior consent. If alterations are made without permission, whether internal or external, an injunction can compel the tenant to remove any alterations and restore the property to its original condition. Again, the tenancy agreement should clearly outline what is permissible.

Without notice injunctions

In emergency situations, a landlord may apply for an injunction, without giving prior notice to the tenant. This can only be used in urgent situations, such as gas or water leaks, infestations, or other emergencies requiring immediate access.  A without notice injunction can usually be heard within 24 hours, providing a fast resolution. However, it is important to note that this process is not suitable for routine matters like obtaining gas safety certificates or electrical inspections.

Injunctions are a vital tool for landlords to address and enforce various tenancy breaches.  Our Social Housing team can guide you through this process and discuss all the options available to you.