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27.On 12 July 2017, Mr Neville Gray, the Claimants repairs surveyor attended the
Defendant’s flat to investigate reports of low water pressure to the flats above the"
Defendant’s flat but the Defendant refused him access. Mr Neville Gray attended
the Defendant’s flat again at about 5;39pm following reports from the leaseholder
of fiat 117 Burn croft House that the water supply had stopped completely, but the
Defendant also refused him access. The Defendant later shouted abuse and
swear words at Mr Gray and would not allow him to approach his car. Mr Gray has
provided a witness statement in relation to this incident.
28. The Defendant is in breach of the following conditions of his tenancy agreement;
i. Condition 10 - “You must not act in any way which causes, or is likely to
cause, a nuisance or annoyance or is anti-social.”
ii. Condition 21 - “You must not abuse, harass, make offensive comments
and/or malicious allegations, use or threaten to use violence against any of
our officers or agents, or against a councillor, this applies at any time and in
any place. We may report the matter to the Police".
HI. Condition 31 - “You must take care not to cause damage to your property or
the property of your neighbours ’.
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iv. Condition 33 - “You must keep the inside of your property clean and in
reasonable decorative order”.
v. Condition 34 - “You must not use the property in any way that may cause a
health and safety hazard or encourage vermin and/or pests (for example, by
hoarding items inappropriately)”
vi. Condition 53 - “You must keep the inside of the property, the fixtures and
fittings and glass in the property in good repair during the tenancy”
29.1 have corresponded with the Defendant regarding the reports of anti-social
behaviour made against him by his neighbours and invited him to meetings with
his mother Lorraine Cordell but he declined to attend. Letters were sent to him on
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29 November 2016 inviting him for a meeting on 6 December 2016, 31
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January 2017 inviting him for a meeting on 9 February 2017, 16 February 2017
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for a meeting on 22 February 2016 and 16 March 2017 for a meeting on 22 rd
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March 2017. These letters are exhibited at panes 63-70 of the exhibit bundle.
30.1 have enquired with the Mental Health Team whether the Defendant is currently
Known to the team and was informed that he is no longer under their care.
31. The Claimant's operatives have had difficulties in accessing the Defendant’s flat to
inspect the state of the property and the unauthorised works and modifications
which the Defendant is purported to have carried out without a written consent
from the Claimant. The Claimant has also been unable to check whether the
Defendant is restricting water supply/pressure to the properties above his since
December 2010. The Defendant has admitted to restricting the water supply but
has refused to allow the Claimant’s maintenance operatives access to his property
to investigate and rectify the problem.
32. The Defendant has intimidated the residents in the entire block and because of his
behaviour, we have received numerous complaints from residents, requests to be
transferred from the block and we have had to move a vulnerable tenant from the
block.
33.1 I have made attempts to engage with the Defendant but he has not been
cooperative and has continuously displayed abusive and threatening behaviour
towards the Claimant’s members of staff and his neighbours. A Notice of Seeking
Possession has been served on him and possession action is being considered.
However, in the meantime, this injunction is required to ensure that the other
residents are not subjected to further intimidation and harassment by the
Defendant. This application is being made without notice because if the Defendant
were given notice, he would intimidate the witnesses in an attempt to prevent the
order being made.
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