Judge issues order for committal against tenant over failure to remove dogs

A housing association has secured an order for committal for contempt of court against a tenant who failed to remove dogs from his property.

The Guinness Partnership applied to Luton County Court over alleged breaches by the defendant, David Atkins, of an injunction order made on 13 February 2015.

That injunction had ordered Atkins to:

1. remove all dogs and cats from the property by 4 pm on 23 March 2015;
2. allow the claimants access to the property on 24 hours notice in writing.

Sitting on 27 May 2015 HHJ Lindsay Davies found the breaches proved were that:

1. Atkins had “failed to removal all dogs and cats from the property by 23 March 2015 and the dog or dogs were observed and heard to be in the property on 25 March 2015 and on a number of other occasions most recently on 30 April 2015”.
2. the defendant had refused to allow the claimants’ employees access to the property on 25 March 2015 and on a number of other occasions.

The judge said the punishment imposed for each breach was 28 days' imprisonment suspended for 12 months on condition that:

1. the defendant removes the dog(s) by 4 pm on Wednesday, 3 June 2015;
2. the defendant does not bring any other dog or cat onto the premises without obtaining the prior written consent from the claimant;
3. the defendant allows access to the property by the claimant on 24 hours notice in writing.

A copy of the order for committal can be viewed here.