Nicholas Nicol is an experienced barrister, tribunal judge, mediator and legal trainer. He has represented clients in all venues, from tribunals to the Supreme Court. He specialises in housing, property, public and administrative law, human rights, community care and landlord and tenant.

In this presentation, Nicholas provides some up to date tips on managing anti-social behaviour cases. He begins by outlining types of anti-social behaviour that can lead to possession claims or injunctions under the Anti-Social Behaviour, Crime and Policing Act 2014. He then describes the objective to preserve a client’s home, before explaining the applicability of the Equality Act 2010. He also shares common errors made on these cases, and ends with a useful litigation strategy.

Key words/topics

Anti-Social Behaviour, Crime and Policing Act 2014

Noise nuisance

Hoarding

Violent or abusive behaviour towards neighbours

Exploitation by anti-social or criminal visitors to the premises, including ‘Cuckooing’

Avoid intentional homelessness

Equality Act 2010

Direct discrimination (s.13)

Disability discrimination (s.15)

Indirect Discrimination (s.19)

Failure to make reasonable adjustments (ss.20-21, 36 & Sch 4)

Discrimination in management of premises: s.35(1) & (3)

Harassment and victimisation (ss.26-27, s.35)

Public Sector Equality Duty (s.149)

Aster Communities Ltd v Akerman-Livingstone [2015] UKSC 15; [2015] AC 1399

London & Quadrant Housing Trust v Patrick [2019] EWHC 1263

Litigation Strategy