Housing association secures injunction against tenant

13 Feb 2025Court Report

Court rules on injunction breaches by tenant, leading to suspended sentence

Background

The County Court at Wandsworth recently adjudicated on a case involving Notting Hill Genesis, a housing association, and Mr Sabouh Aziz, a tenant accused of breaching an injunction. The case, presided over by District Judge Daley, centred on multiple alleged breaches of an injunction order initially made on 3 July 2023 under the Anti-social Behaviour, Crime and Policing Act 2014.

The Injunction

The injunction prohibited Mr Aziz from entering or remaining at a specified property in Addison Garden, London, and from engaging in conduct likely to cause harassment, alarm, or distress to residents and staff associated with the claimant. The injunction was intended to last until 3 July 2024, with Mr Aziz being fully aware of its terms.

Allegations and Evidence

Notting Hill Genesis alleged that Mr Aziz breached the injunction on several occasions, including entering the property on 23 October 2023 and 10 November 2023, and harassing a housing officer on 21 December 2023. The court heard evidence from the claimant's housing officer, Mr Ogodo, and Mr Aziz's mother, Mrs Aziz, who testified through an interpreter.

Court Findings

District Judge Daley found Mr Aziz guilty of breaching the injunction on three occasions. The judge emphasised the need for the claimant to prove the breaches beyond reasonable doubt, noting that Mr Aziz had the right to remain silent and was urged to seek legal representation, which he did not pursue.

Sentencing

On 24 October 2024, the court sentenced Mr Aziz for the proven breaches. The judge imposed a suspended sentence of seven weeks' imprisonment for the harassment incidents, contingent on Mr Aziz adhering to specific conditions for six months. The court also adjourned consideration of a fine for the property attendance breach, which would be vacated if no further breaches occurred.

Legal Implications

This case underscores the seriousness with which courts treat breaches of injunctions, particularly those involving harassment and intimidation. The ruling highlights the court's commitment to ensuring compliance with its orders and protecting individuals from anti-social behaviour.

Conclusion

The case of Notting Hill Genesis vs Aziz serves as a cautionary tale for tenants and housing associations alike, illustrating the legal repercussions of violating court orders and the importance of adhering to injunctions designed to maintain peace and safety within communities.